TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

INDIAN OIL CORPORATION LTD.

(MARKETING DIVISION)

NAME OF WORK: HIRING OF 2(TWO) NOS. OF BRAND-NEW MAHINDRA BOLERO B6 (O)

FOR A PERIOD OF 3(THREE) YEARS IOCL GUWHATI TERMINAL, BETKUCHI.
(GSTIN: 18AAACI1681G1ZO)

GeM TENDER NO.: RCC/ERO/38/2024-25/PT-GeM-139

GeM BID ID: As per GeM Bid

Indian Oil Corporation Limited (MD)

EASTERN REGION OFFICE
REGIONAL CONTRACT CELL,
INDIAN OIL BHAWAN
2 GARIAHAT ROAD(SOUTH),
DHAKURIA, KOLKATA-700068

TECHNICAL / COMMERCIAL BID

In case of any deviation/ variance/ conflict between Part A and Part B, the Clause
mentioned in Part A shall prevail.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

INDEX
PAGE
SN DESCRIPTION
NOS.
PART A: TECHNICAL BID
1. Notice Inviting e-Tender –Website -Annex-1
2. List of documents required to be uploaded –Annex-2
3. Special conditions of contract - Annex-3
4. Instructions to tenderers- Annex-4
5. Scope of works -Annex-5
PART B: COMMERCIAL BID
1 Statement of Credentials to be furnished by tenderer-Annex-A
2. Declaration A, B, C, D - Annex-B
3. List of Directors of Indian Oil Corporation Limited –Annex-C
4. Proforma of Declaration of Black Listing / Holiday Listing- Annex-D
5. Proforma for tender not tampered- Annexure -E
6 Format for consent letter for payment through Electronic Mode.-Annex-F

7 Undertaking by Tenderer. Annex-G

8 Indemnity Bond for undertaking for GST-Annex-H

9 Undertaking for non-engagement of Child labour (to be executed on

obtaining work order)-Annex-I
10 Declaration-Annex-J
11 Bank Guarantee proforma in lieu of Security Deposit (SD)-Annex-K
12 Form of contract – Annex-L
13 Proforma regarding No dues – Annex-M
14 ProformaregardingNCLT/NCLAT/DRT/DRAT/COURTReceivership/Liquidation
– Annex-N
15 UNDERTAKING FOR BUSINESS TRANSACTION STATUS OF BIDDERS,
Annex-O
16 Compliance Certificate regarding “Bidders from Countries which shares land
border with India” on letter head of bidder (Annexure-P)
17 Undertaking for Multiple Biding, Annex-Q
18 Particular of Bidder , Annex-R
19 GST Rate confirmation- Annex-S
20 Special Instructions to the bidder for participating in e-Tender

21 FAQs on Online EMD Payment facility in IOCL e-tendering system

 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

ANNEXURE 1

NOTICE INVITING E-TENDER

Indian Oil Corporation Limited invites electronic bids through website [Link] under two
bid system for the work as detailed below from indigenous bidders fulfilling the qualifying requirements
as stated hereunder.

1. TENDER NO. :
RCC/ERO/38/2024-25/PT-GeM-139

2. GeM Bid ID
As per GeM Portal

3. NAME OF WORK :
HIRING OF 2(TWO) NOS. OF BRAND-NEW
MAHINDRA BOLERO B6 (O) FOR A PERIOD OF
3(THREE) YEARS AT IOCL GUWHATI TERMINAL,
BETKUCHI.

Indian Oil Corporation Limited

4. LOCATION OF
WORK Guwahati Terminal - Betkuchi
P.O.: Sawkuchi, Guwahati, Assam
Pin Code: 781040
5. ESTIMATED VALUE
OF WORK Sl. Description Amount (Rs.)
No.
1. Estimated Cost for 3 Years 1,27,36,579.89/-
without GST
2. Add GST @ 5% of [Link].1 6,36,829.00/-

3. Estimated Cost for 3 Years 1,33,73,409.00/-

inclusive of GST
(Sl. Nos. 1+2)

Bidder to confirm GST rate in Annex-S.

6. NUMBER OF 01 (One)
CONTRACTORS
REQUIRED The subject job is non divisible in nature and
Developmental Orders shall not be placed. Hence Startups
are not eligible for PQC relaxation.
7. TENDER FEE : Nil

8. EARNEST MONEY : Rs. 33,434.00/- (Rupees Thirty-Three Thousand

DEPOSIT Four Hundred Thirty-Four Only)
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

EMD should be deposited as detailed below:

 EMD to be submitted through online payment mode
(Net Banking or NEFT/RTGS) to the Bank Account
mentioned below along with the offer.

Beneficiary Name: Indian Oil Corporation

Limited
Account No.: 11052270168
IFSC Code: SBIN0001405
Bank Name: STATE BANK OF INDIA DHAKURIA
BRANCH, KOLKATA.

 EMD can also be submitted through online payment at

IOCL e-Payone Portal [Link]
along with the offer.

EMD payment through Demand Draft, Bankers Cheque

and Swift Transfer shall not be accepted.

For details about process of payment of EMD, bidders

may refer to “ePayOne” Manual attached separately
and GeM Portal.

EMD is not required in the following cases:

 (Government organization & Public Sector

Undertaking of the Central / State Government
 (JV / subsidiary companies of IOCL
 Startups
 MSE Bidders

A copy of the EMD instrument or exemption certificate in

case of exempted categories shall be uploaded along with
clear scanned copies of relevant documents to substantiate
the claim towards their credentials along with the tender
documents.

Startups intending to seek EMD exemption, shall submit

the Certificate of recognition as Startup from department
of Industrial Policy & Promotion, Ministry of Commerce &
Industry, Govt of India.

Tenderers not paying EMD or not uploading valid

exemption certificate or scan copy of BG on or
before tender submission date and time, will be
liable for rejection.

Offers received without EMD as per tender requirement

shall be liable for rejection. In cases where the rejection on
account of non-submission of EMD is resulting in 2 or less
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

offers; bidder(s) who have not submitted EMD, shall be

given only one chance to submit EMD in physical / online
form within a given deadline.

Forfeiture of EMD:

Earnest Money if applicable shall be forfeited in the

following circumstances:
(i) In case the bidder tampers the tender document, alters
/ modifies / withdraws the bid suo-moto after opening
the bids (Technical bids in case of two bid system)
within the validity period.
(ii) In case the bidder submits false/fraudulent/fake/
forged documents.
(iii) In case the tender is accepted, and the contractor fails
to deposit the ISD/SD or to execute the contract.
(iv) In case of failure of the bidder to get the documents
verified as per the specified time schedule in the
tender. (Where verification is done through the Original
Document Verification process) In (i) and (ii) above the
tender submitted by the bidder shall be rejected. In all
the above cases suitable action may be taken which
may include EMD forfeiture and / or holiday listing
action as per the discretion of IOCL. Earnest Money
Deposit forfeited for all such bids shall not be by way of
penalty or liquidated damages but by way of
reimbursement of the pre-estimated costs likely to be
incurred by the OWNER towards bidding process and in
the scrutiny and evaluation of bids.

Release of EMD:

The following shall form part of the tender documents.

(i) EMD of bidders disqualified during techno-
commercial bid evaluation shall be released within
30 days of approval of price bid opening.
(ii) EMD of bidders qualified in the techno-commercial
bid but unsuccessful in the price bid stage shall be
released within 30 days of issuance of order/ LOA.
(iii) EMD of the successful bidder shall be released after
receipt of an acceptable SD (if applicable) or on
order acceptance, wherever SD is not applicable.
(iv) Wherever SD is not applicable, EMD of the
successful bidder shall be returned after complete
execution of the order.
(v) In case bidder has been holiday listed before award
of work.

9. TENDER DOWNLOAD PERIOD FROM GeM PORTAL:

 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

a) Starts on : As per Gem Portal [Link]

b) Ends on : As per Gem Portal [Link]

As per Gem Portal [Link]
10. PRE BID MEETING :
Bidders may please note that Pre-Bid Meeting shall take
place in person.

All bidders intending to raise queries shall do so either

through email to the contact person or through seek
clarification option on e-tender portal, before the due date
& time of pre-bid meeting. Due date & time of the pre bid
meeting as given in the e-tender portal.

Bidders may inspect the site to have the complete idea/

information pertaining to the entire scope of works before
attending the Pre-Bid meeting. Bidders need to provide the
list of clarifications required, if any, along with Para/clause
no. of the tender document, two days before the pre-bid
meeting in writing or thru mail. Tenderers may also note
that after the clarifications are given against the points
clarified in Pre-Bid clarification, no further deviation shall
be permitted, and such clarifications shall be binding on all
bidders.
11. SUBMISSION OF TENDER ON GEM

a) Starts on : As per Gem Portal [Link]

b) Ends on : As per Gem Portal [Link]

12. DUE DATE FOR OPENING OF TENDER:

13. Opening of Tender As per Gem Portal [Link]

(Technical Bid Only)

Note: Corporation reserves the right to revise/extend any Date/Time from scheduled
timelines of published tender.
Offer shall be valid for 120 Days from date of opening
14. TENDER VALIDITY :
of technical bid. In case of requirement, IOCL may seek
further extension of the validity of the offer from the
bidders.
15. PERIOD OF Contract shall be valid for 3 (Three) years extendable for
CONTRACT another 9 months on mutual consent basis as per GeM
modalities.

16. MODE OF TENDER Public Tender (e-Open Tender) through GeM portal.
SUBMISSION
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

For Site related:

17. CONTACT PERSON
Name : Sri Santosh Kumar Sinha ,
Designation: DGM(Ops),
Contact No. : 7099038074
Email id : sinhasantosh@[Link]

For tender related

Name: Shashi Ranjan Kumar

Designation: Senior Manager [Contracts], RCC, ERO
Contact No: +91- 8521402055
E-mail ID: shashiranjan@[Link]
Address: 7th Floor, Indian Oil Bhavan, 2 Gariahat Road,
Dhakuria, Kolkata- 700068 WB

Successful bidder shall have to submit Security deposit

18. Security Deposit
within 15 days after issuance of Letter of Acceptance.
Security deposit shall be 5% of total contract value
excluding GST which can be given in any one of the
following mode-

Initial SD: Out of total security deposit, 2.5% shall be paid

Immediately on acceptance of LOI / LOA.

An online portal- EPayOne (which can be accessed through

the link - [Link] has been
developed by IOCL to facilitate receipt of security deposit.
For that purpose, SBI’s Payment Gateway (SBI ePay) has
been integrated with our EPayOne portal. Users can make
the payment through the following modes to the
corporation -
1) RTGS/NEFT
2) E-pay One App

On completion of payment process, payment status will be

communicated to the user whether the payment is success
or failure or in process through message.

Cash receipt updation in the portal may be 1-hour

(approx.) as of now and it may take maximum time up to
8 days in the case of payment through RTGS/NEFT and
maximum time up to 2/3 days in the case of other
remaining payments modes.

Cash receipt details will be sent from SAP to the portal and
the user will get intimation on confirmation of cash receipt
in their registered e-mail ID.

Thereafter, registered users can download the cash receipt

from the portal under payment history at any point of
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

time.
Some instances, transaction may be failed but user
accounts may get debited.

This may be to Network/ communication issue, and for

those cases, refund will be made to the users within 10
days after completion of the reconciliation.

In case of any other issue/problem, the users are advised

to write a mail to epayone@[Link] on any issue like
unable to register, cash receipt not generated, pending
refund etc., and the issue will be attended within 2/3 days.
The user may provide the username, transaction reference
number with the issue/problem faced by them.

3) Bank Guarantee will be accepted if SD amount

is above Rs. One lac.

The balance 2.5% of the security deposit shall be

recovered from the R/A bill @ 2.5% of the value of bill till
the total amount of the security deposit is recovered.

The tenderer also can deposit the full SD amount by any

of the above Pay mode initially itself in which case no ISD
will be required to be furnished and no deductions shall be
made from running bills.

The security deposit will be released after 12 months

from the date of completion of work provided no defects
are noticed in the work during this period. No interest will
be allowed on security deposit.

19. PRE-QUALIFICATION (PQ) CRITERIA:

Parties who satisfy the following qualification parameters as per the details given below only need
apply: -

SL.
NO. QUALIFYING PARAMETERS
Similar Works:
Work completed by the bidder, as main contractor, or as sub-contractor, during last 7
(seven) years ending last day of month previous to the original date of bid submission. The
value of completed work for evaluation shall be considered as under:
1.
(a) Three similar completed works each costing not less than Rs. 13,38,000.00/-

OR
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

(b) Two similar completed works each costing not less than Rs. 17,84,000.00/-

OR

(c) One similar completed work costing not less than Rs. 22,29,000.00/-

Since, this contract is for a vital installation, handling hazardous Petroleum

products, hence considering critical nature of works, relaxation for MSEs & Startups
shall not be applicable.

Definition of Similar Work: -

The definition of “Similar work” shall mean Experience in successful completion of JOB
of Plying of cars/buses on monthly/daily hire basis to Companies/
Corporates/PSUs/Banks/Govt. organizations/any other organizations shall be
considered as similar work.

Note: - Since PQC is set on annualized estimate basis, evaluation for experience criteria
shall be annualized. The annualized value of bidder’s experience shall be determined as
an average of total executed value for more than one year duration.

1. The Work Order should contain the above similar work items and for qualification
purpose, the entire executed value of WO (which may contain any other item) shall be
considered.

2. Whenever a contractor had worked as a sub-contractor to main contractor, their

experience also can be considered. With regard to sub-contracted work order, the bidder
has to submit a certificate from the end user / owner / consultant of the owner acting as
EIC stating that the main contractor has intimated them about the engagement of sub-
contracting OR have been allowed/ permitted as a subcontractor. In case when an
approved sub-contractor and main contractor both participate in the same tender on the
strength of the same work/ job, orders submitted by both the vendors shall be considered
for evaluation against PQC.

Apart from copy of purchase/work order with schedule of rates/scope of work from the
main contractor, the bidder who has worked as a sub-contractor has to submit certificate
of completion of work from the end user / owner / consultant of the owner acting as EIC.

3. In case the work orders submitted by the bidder is in multiple currency/ non-INR, the
same shall be converted to equivalent INR considering the conversion rate as on the date
of issue of the reference order(s) based on SBI TT selling rate or RBI/ Other scheduled
bank/ Customs Notified exchange rate. The above conversion rates shall be used uniformly
for evaluation of all bidders participating in the tender.

4. In case, the executed value of job is more than work order value and bidder claims for
meeting the PQC requirement on the basis of executed value then it is the responsibility of
the bidder to submit the documentary evidence of final executed value (such as executed
value mentioned in completion certificate etc.) along with his bid.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

5. The executed value of only completed work submitted by the bidder shall be considered
during evaluation for experience criteria of PQC.

6. In case where the bidder cites the reasons of Non Disclosure Agreement (NDA) for its
inability to submit necessary documents in support of meeting the experience criteria &
turnover criteria, a certificate, in original, certifying all the required information, issued by
CEO/ CFO (howsoever designated) of the entity along with a declaration that the bidding
company is not in a position to submit the required documents owing to the NDA with an
endorsement by Chartered Accountant/ Statutory Auditor/ Certified Public Accountant (not
being an employee or a Director or not having any interest in the bidder(s) company /
firm) may be accepted.

7. Wherever Chartered Accountant/ Statutory Auditor/ Certified Public Accountant (not

being an employee or a Director or not having any interest in the bidder(s) company/ firm)
is not in a position to endorse such CEO/ CFO’s (howsoever designated) certificate due to
local regulations, CEO/ CFO’s (howsoever designated) certificate in original without
endorsement may be accepted provided a reference of the local regulation restricting this
endorsement is given in the CEO/ CFO (Howsoever designated) certificate.

8. In case any bidder submits work order and completion certificate of any completed
contract where the bidder had worked as a leader / member of Joint Venture / Consortium
/ Joint Bidder, the work value shall be worked out as per the percentage share of the
bidder in the JV / Consortium / Joint bidding agreement. Further in case the bidder had
executed only a certain portion of the composite job through such agreement, his
experience shall be counted for that particular portion of the job executed by him only, as
specified in the JV/ consortium/joint bidder agreement. For such cases, in addition to work
order and completion certificate(s), bidder will also submit copy of JV / consortium / joint
bidder agreement and work order & completion certificate(s) has to be issued in the name
of such JV / consortium / Joint bidder OR in the name of the Leader with brief details of JV
/ consortium / joint bidder specified in the work order.

9. If bidder has submitted a composite work order for evaluation and the AMC/CAMC
/PWAMC/O&M is going on, after supply and installation part is completed by the Contractor
as per completion certificate, the same is to be considered as completed work and the
amount towards supply and installation shall be considered for qualifying the bidder in PQC
towards experience criteria.

10. Rate Contracts shall not be accepted against Similar Work Criteria, however individual
POs issued under Rate Contracts will be considered.

11. In case the Bidder has executed the job for more than 01 (One) Year, average
annualized value of the total executed value shall be compared against Similar Work PQC.

Documents to be submitted against Similar Work PQC:

For fulfilling the experience criteria against work order(s) following documents may be
considered as valid proof for meeting the criteria:

a) Purchase/ Work Order copy with Schedule of Rates/ Scope of Works

 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

and

b) Completion certificate by end client with executed value, date of completion of the job
and reference work order number.

(i) In case of work order from Government Bodies/PSUs- Copies of Contract Document
along with either completion certificates or duly certified copy of bill/invoice. Copy of
contract document may not be insisted if completion certificate/ bill/ invoice copy specifies
details otherwise required like date of PO/ contract agreement, contract value, execution
value, date of completion and other requirements if any.

(ii) In case of Work Orders from Private Parties- Certificate from CA certifying value of
work done with TDS certificates (where applicable)/ bank statement shall be required in
addition to that specified in (i). TDS certificates / Bank statements shall be used as
corroborative evidence only. However, Corporation has an obligation to maintain
confidentiality of data which it possesses and use such documents for the purpose of
tender only.

Annual Turnover during any of the last three financial years (i.e. 2021-22, 2022-23, 2023-
2. 24) should be at least ₹26,75,000.00 (Rupees Twenty-Six Lakhs Seventy-Five
Thousand Only).

Since, this contract is for a vital installation, handling hazardous Petroleum

products, hence considering critical nature of works, relaxation for MSEs & Startups
shall not be applicable.

Turnover for this purpose should be as per audited financial statements. The reports issued
by any Auditor / Chartered Accountant shall mandatorily bear UDIN (Unique Document
Identification Number).

Signature of bidding entity is also required on such certificates.

In case of tenders having original bid closing date up to 6 months from the current
financial year, and, in case audited financial results of the immediate three preceding
financial years are not available, the bidder has an option to submit the audited financial
results of the three years immediately prior to preceding financial year. Wherever the
closing date of the bid is after 6 months from the current financial year, bidder has to
compulsorily submit the audited financial results for the immediate three preceding
financial years. The immediately preceding financial year shall be considered, accordingly.
The audited financial results shall be certified by an auditor on or before the
date of bid submission.

If a Foreign Bidder’s Audited Financial Report is in currency other than INR, the respective/
desired figures for calculation of Annual Turnover shall be converted into equivalent INR
considering the conversion factor indicated in Bidder’s Audited Financial Report. In case
the same is not indicated, the rate of conversion as on last date of respective financial
years, for which the bidder has submitted the financial results, shall be considered. The
conversion rates shall be based on SBI TT selling rate or RBI/ Other scheduled bank/
Customs Notified exchange rate. That conversion rates from the above sources are to be
used uniformly for evaluation of all bidders participating in the tender.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

For the bidders whose financial year is calendar year, the audited financial results shall be
considered on calendar year basis in lieu of financial year.

If a Bidder is not required to get its accounts audited under Section 44AB of The Income
Tax Act, 1961, certificate from a Practicing Chartered Accountant towards the turnover of
the Bidder along with copy of its Income Tax Return should be obtained.

Note on PQC:

Notwithstanding any other condition/ provision in the tender documents, bidders are required to submit
complete documents pertaining to PQC along with their offer. Failure to meet the PQC will render the
bid to be summarily rejected.

IOC reserves the right to complete the evaluation based on the details furnished by the bidder, with or
without seeking any additional supporting documents/clarifications.

Only standalone credentials against PQ criteria shall be considered for evaluation of bid.

20. OTHER COMMERCIAL CRITERIA: -

Following other criteria shall also be considered for evaluation:
a) PAN Number
b) GST Registration Number
c)Partnership deed or Certificate of Incorporation with memorandum & articles of association.
d) Power of Attorney/Board Resolution (as applicable) in favour of tender signing authority.

In case of Proprietary  If the bid is submitted by the proprietor, no POA required.

Concern However, he will upload undertaking certifying that he is sole
proprietor.
 If the bid is submitted by person other than proprietor, POA
authorising the person to submit bid on behalf of the concern.
In case of Company  Certified copy of Board Resolution authorising the person
submitting the bid on behalf of the company.
OR
 POA and the supporting Board Resolution authorising the person
submitting the bid on behalf of the company.
In case of Partnership POA along with Deed of Partnership / LLP Agreement.
Firm/LLP
In case of Co-Operative Copy of resolution passed as per Society Rules.
Society

e) Valid MSE Registration Certificate ( if applicable)

f) Standard declarations primarily including the following

(i) Undertaking for acceptance of Tender Terms & conditions
(ii) Undertakings and Declarations for Non Tampering of data
(iii) Declaration of Blacklisting/Holiday listing
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HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

(iv) Declaration A,B,C &D

(v) Undertaking related to insolvency & Bankruptcy Code, 2016(NCLT declaration)
(vi) Compliance Certificate regarding bidders from countries which shares a land border with
India
(vii) Declaration of Business Transaction Status (Transfer of Ownership),
(viii) Declaration Form for availing purchase preference - Bid Stage,
(ix) Undertaking - Bid Stage on Percentage of Local Content (as applicable)
(x) Undertaking for No Multiple biding
(xi) Particulars of Bidder

18.0 EVALUATION OF TENDERS :

The procedure for evaluation of tenders shall be as follows:

1. Only the Technical Bid, of those parties uploading their tenders before due date and time of
submission, shall be considered for opening.
2. The techno-commercial bid shall be scrutinized and evaluated based on the qualifying parameters
mentioned above and on the basis of the uploaded documents in the portal.
3. Price Bid has 02 parts, Quotable and Non-Quotable part. The Bidder can quote only on the
Quotable part in the Price Bid. The Bidder is restricted from quoting on the non-quotable part
(which has been defined as Minimum Price for this Bid on GeM Portal).

Total Estimated Value= Quotable Part of Price Bid + Minimum Price for this Bid (Non-
Quotable).

4. The Price Bid of only those parties who qualify after evaluation as mentioned above shall be
opened. Prior intimation will be sent to the qualifying parties regarding due date and time of
opening of Price Bid.
5. The lowest quote after opening of Price Bid shall be considered for further processing.
6. Party who has quoted/ matched the L1 Rate (i.e. the lowest rate after taking into consideration
the “Purchase Preference” as applicable as mentioned in the Tender Document) on landed cost
basis will be considered for award of work with or without negotiation and after considering the
tax credit implication wherever applicable as per the policy of the Corporation.
7. In case of tie at L1 position, GeM Modalities for Tie Breaking will be followed.
8. In case of tie among non L1 Bidders, GeM policy will prevail, otherwise if tie breaking is not
possible at other than L1 position as per GeM Policy, the Bidder with highest average annual
turnover in last three Financial Years as per Turnover criteria will be given higher Bid ranking.
In an exceptional case where turnover is also same, the bid submitted earlier in the portal in
terms of both date and time shall be given priority in ranking.

9. In case the bidder has been asked to submit price bid/price implication in physical form, the use
of white/erasing fluid for correcting the rates is banned. Wherever the rates are corrected with
white/erasing fluid, the bids will be summarily rejected.
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BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

10. Negotiations shall not be conducted with the bidders as a matter of routine. However, Corporation
reserves the right to conduct negotiations. Tenderers will have to attend the Office of INDIAN OIL
CORPORATION LIMITED as informed by Tender Issuing Authority for negotiations/clarifications at
their own cost as required in respect of their quotation without any commitment from INDIAN
OIL CORPORATION LIMITED.

11. In case a bidder is put on holiday / Black listed after opening of price bid, then bid of such bidders
will be ignored & will not be further evaluated. The bidder will not be considered for issue of order
even if the party is the lowest (L1). In such situation next lowest shall be considered as L1.

12. IOCL shall not be bound to accept lowest or any tender and reserve the right to accept one or
more tenders in part or full. The decision of IOCL in this regard shall be the final.

13. Verification of authenticity of experience PQC documents shall be done for successful
bidder(s) as under: -

Submission of authentic documents is the sole responsibility of the bidder. However, verification of
authenticity of commercial and technical experience PQC documents shall be done for successful
bidder(s) as under:
(i) Once the L1 bidder is established, their documents shall be verified from respective end client
through client’s official e-mail.

(ii) If the above does not help in completing the document verification, any or a combination of the
following processes (not mentioned in any particular order here) can be used to verify documents
within a given deadline:
a) In case no response is received against e-mail after reminders, a committee shall take the
feedback over telecom / VC from concerned personnel of the client.
b) Where the bidder (Indian or Foreign) has mentioned in its offer regarding its inability to submit
technical and / or commercial experience criteria on account of NDA with its clients, action shall be
taken per the relevant NDA clause mentioned in the Tender Document.
c) Notarized documents can be considered as verified documents for further processing of tender in
case of Indian bidders.
d) Foreign bidders can also get their documents verified either by the Indian Embassy/Consulate
/Local Chamber of Commerce located in the bidder’s country.
e) Document verification with originals can be carried out wherein bidder(s) shall be asked to
submit originals of the required documents to IOCL office within a given deadline.
(iii) Where order has been issued over e-mail, client verification shall be done or in case of original
document verification, the bidder shall be asked to produce signed copy of the order.

End Client verification means the end client which has issued the order and certificate of completion /
execution or any such certificate informing execution per requirement. In case a sub-contractor is
involved who has issued completion certificate, verification shall also be done from the end client.

Submission of authentic documents is the sole responsibility of the bidder. However, IOCL reserves the
right to verify the PQC documents submitted by the bidder(s). For the purpose of verification, bidders
shall submit complete client details with names, address, phone numbers and e-mail id with the
understanding that IOCL may contact the bidder’s client to verify the PQC documents. Wherever
required, bidders may have to submit notarized / verified copy of PQC documents. Non submission of
these documents, if asked for, will lead to rejection of offer. If at any stage, the PQC documents are
found to be forged / false / fake, suitable penal action shall be taken, which may include offer
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IOCL GUWHATI TERMINAL, BETKUCHI.

rejection, EMD forfeiture, termination of order (wherever applicable) and holiday listing of the bidder /
vendor.

In case the successful bidder is found to have submitted forged / false credentials, such bidder shall
not be considered for award of work and next lowest may be considered as L-1. Negotiations, if
required, may be carried out. Suitable action shall be taken against such defaulting bidders including
forfeiture of EMD and holiday listing action.

21. Implementation of Public Procurement (Preference to Make in India) Order 2017 and
modalities for concurrent application of PPP 2012 and PPP-MII Order 2017

Purchase Preference:

The salient features of the PP-MIl Order 2017 are furnished hereunder:

The PP-MIl Order 2017 and PPP 2012 shall be applicable for procurement of Goods, Works and
Services.
The applicable definitions shall be as covered under Public Procurement (Preference to Make in
India) Order 2017 - Revision dated 16.09.2020 issued by DPIIT.
The Public Procurement (Preference to Make in India) Order 2017, revision dated 16.09.2020
(aka PP-MII Order 2017) read in conjunction with MoPNG Order FP-20013/2/2017-FP-PNG-Part
(4) (E-41432) dated 26.04.2022 shall be applicable for this tender.
 The supplier classification, margin of purchase preference along with broad allocation,
exemption limit for purchases and eligibility of suppliers for different types of procurement under
PPP- MII Order shall be as follows:

SN Description Details
Supplier Classification:
Class-I Local supplier LC >= 50%
Class-II Local supplier LC >=20% < 50%
Non-Local supplier LC < 20%
Local value addition through services such as transportation, insurance,
installation, commissioning, training and after sales services support like AMC/CMC
etc. shall continue to be considered in the local content calculation.
To claim purchase preference as MSE Bidder, the Bidders registration must cover
the tendered item. Also, registration certificate submitted must also specify the
category of enlistment as Micro or Small.
Margin of Purchase preference 20% (i.e. L1+20%)
(PP- MII)

Eligibility for participation:

a) Only Class-I local supplier and Class-II local supplier shall be eligible to bid in procurements
undertaken by procuring entities, except where Global tender enquiry has been issued. In global
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IOCL GUWHATI TERMINAL, BETKUCHI.

tender enquiries, Non local suppliers shall also be eligible to bid along with Class-I local
suppliers and Class -II local suppliers.
b) Non Local Suppliers, including MSE (s) falling in the category of Non Local Supplier, shall be
eligible to bid only against Global Tender Enquiry.
For the purposes of the PP-MII Order 2017 , works includes Engineering, Procurement and
Construction (EPC) contracts and services include System Integrator (SI ) contracts.
Purchase preference shall not be applicable to MSE traders / stockists. Also for claiming
purchase preference as MSE, the bidder registration shall cover the tendered items.

Purchase preference and broad allocation:

A) Subject to the provisions of the PP-MII Order 2017 and to any specific instructions issued by the
Nodal Ministry or in pursuance of the Order, purchase preference shall be given to Class -I local
supplier in procurements undertaken by procuring entities as per the eligibility of suppliers for different
types of procurement in the manner specified hereunder:
a) In the procurement of goods or works which are not divisible in nature and in the procurement of
services where the bid is evaluated on price alone, the Class-I local supplier shall get purchase
preference over Class-II local supplier as well as Non-Local Supplier as per the following procedure:
i) Among all qualified bids, the lowest bid shall be termed as L1. If L1 is Class-I local supplier, the
contract for the full quantity will be awarded to L1.
ii) If L1 bidder is not a Class-I local supplier, the lowest bidder among the Class-I local supplier will
be invited to match the L1 price subject to the Class-I local suppliers quoted price falling within the
margin of purchase preference, and contract shall be awarded to such Class-I local supplier subject to
matching the L1 price.
iii) In case such lowest eligible Class-I local supplier fails to match the L1 price the Class-I local
supplier with the next higher bid within the margin of purchase preference shall be invited to match the
L1 price and so on, and contract shall be accorded accordingly. In case none of the Class-I local
supplier within the margin of purchase preference matches the L1 price, the contract may be awarded
to the L1 bidder.
c) Class-II local supplier will not get purchase preference in any procurement undertaken by
procuring entities.

Verification of local content:

a) The Class-I local supplier / Class-II local supplier at the time of tender, bidding or solicitation
shall be required to indicate percentage of local content and provides self-certification that the
item offered meets the local content requirement for Class-I local supplier / Class-II local
supplier, as the case may be. They shall also give details of the location(s) at which local value
addition is made.
b) In cases of procurement for a value in excess of Rs 10 crores, the Class-I local supplier /
Class-II local supplier shall be required to provide a certificate from the statutory auditor or cost
auditor of the company (in the case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies) giving the
percentage of local content.
c) False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of GFR for
which a bidder or its successors can be debarred for up to two years along with such other
actions as may be permissible under law.
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IOCL GUWHATI TERMINAL, BETKUCHI.

A supplier who has been debarred by any procuring entity for violation of this Order shall not be
eligible for preference under this Order for procurement by any other procuring entity for the
duration of the debarment. The debarment for such other procuring entities shall take effect
prospectively from the date on which it comes to the notice of other procurement entities, in the
manner prescribed under Clause 9h. of the Order.

Reciprocity Clause:
a) Entities of countries which have been identified by the nodal Ministry/ Department as not
allowing Indian companies to participate in their Government procurement for any item related to
that nodal Ministry shall not be allowed to participate in Government procurement in India for all
items related to that nodal Ministry/Department, except the list of items published by the
Ministry/Department permitting their participation. The term entity of a country shall have the
same meaning as under the FDI policy of DPIIT as amended from time to time.

 All Bidders participating in the tender shall submit LC declaration against qualifying as Class I,
Class II or Non-Local supplier. The formats for Bidders Declaration /Undertaking on
classification regarding Local Content (LC) are provided in the tender.

Local value addition through services such as transportation, insurance, installation,

commissioning, training and after sales support like AMC/CMC etc. shall continue to be
considered in local content calculation.

Other provisions shall be as per the details given in the Public Procurement (Preference
to Make in India) Order 2017 including amendments issued from time to time.

 Keeping in view that the PP- MIl Order 2017 is to be concurrently applied in Tenders for
procurement of Goods and services with the PPP 2012, the following evaluation methodology
shall be followed :

 MSE bidders can avail for Purchase Preference benefits under either PPP 2012 or PP-MIl Order
2017. Bidders shall be required to furnish the option between the two policies under which it
wishes to avail purchase preference.
 If the MSE bidder does not indicate the option (even after opportunity), IOCL shall evaluate the
bid as per the default option as per PPP 2012.
 The option once exercised cannot be changed.
 The option for Purchase Preference shall be provided to the applicable bidders in the following
order:

 Bidders qualifying under PPP 2012.

 Bidders qualifying under PP- MIl Order 2017

For the purpose of extending Purchase Preference benefits, the latest quote of respective
bidder(s) during the tender-cum-auction process shall be considered.

The Class-I local suppliers, under PPP-MIl Order, participating in any tender, may or may not be
MSE’s, as defined under the MSME Act. Similarly, MSE’s participating in any tender, may or may
not be Class-| local suppliers. Suppliers may be categorized in the following four broad
categories for consideration or applicability of purchase preference:
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Category Terminology
Supplier is both MSE & Class -I local MSE Class-I local supplier
supplier
Supplier is MSE but not Class -I local MSE but non-Class-I local supplier
supplier
Supplier is not MSE but Class -I local Non MSE but Class-I local supplier
supplier
Supplier is neither MSE nor Class -I local Non MSE non-Class-I local supplier
supplier

 For non-divisible items for which both MSE’s as well as Class-I local suppliers are eligible for
purchase preference. Possible scenarios can be as under:
 L1 is “MSE Class-I local supplier”- Contract is to be awarded to L1.
 L1 is not “MSE Class-I local supplier” but the “MSE Class-I local supplier” falls within 15
% margin of purchase preference - Purchase preference is to be given to lowest quoting
“MSE Class-I local supplier”. If lowest quoting “MSE Class-I local supplier” does not
accept L-1 rates, the next higher “MSE Class-I local supplier” falling within 15 % margin
is to be given purchase preference and so on.
 If conditions mentioned in sub paras (i) and (ii) above are not met i.e., L1 is neither
“MSE Class-I local supplier” nor “MSE Class-I local supplier” is eligible to take benefit of
purchase preference, the contract is to be awarded /purchase preference to be given , in
different possible scenarios as under:

A) L1 is “MSE but non-Class-I local supplier “or “Non- MSE but Class-I local supplier- Contract
is to be awarded to L1.
B) L1 is “Non- MSE non-Class-I local supplier”- First purchase preference to be given to MSE
as per PPP-MSE Order. If MSE not eligible/does not accept-purchase preference to be given
to Class-I Local supplier as per PPP-MIl Order. If Class-I Local supplier also not eligible/does
not accept- contract to be awarded to L1.

Note: In case of works, purchase preference shall not be applicable for MSE bidders as per
PPP-MSE Order.

 For a MSE bidder the margin of purchase preference shall be L1+15 %

 For a Class -I local supplier, the margin of purchase preference shall be L1+ 20 %
 Non-local suppliers, including MSE falling in the category of Non-local suppliers shall be
eligible to bid only against Global Tender Enquiry.
 All Bidders participating in the tender shall submit LC declaration against qualifying as
Class-I, Class-II or Non-Local supplier as per formats attached.

The following is also to be noted:

1) In cases of Public Tenders, if the bidder does not provide declaration against being a Class I
or Class Il Bidder (as per specific requirement of bid eligibility for procurements defined in
above sections) even after giving opportunity, the bid shall be rejected as being from a non -
eligible bidder.
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IOCL GUWHATI TERMINAL, BETKUCHI.

2) For availing purchase preference, bidders must update the necessary details in their profile in
the GeM-tender portal. Bidder who have updated details in bidder profile under any of the
preference categories will get option to avail preferential benefit and must upload supporting
document(s) for availing preferential benefit, based upon the tender provisions regarding
applicable preference categories. Merely updating the bidder Profile does not make the bidder
eligible for Purchase Preference for this tender. The bidder must select “Yes” option in “Avail
Preferential Bidder Option” and upload the valid preference document for the same, for
claiming preferential benefit.

3) Currently, bidders do not have option to select purchase preference for PPP MII in the GeM
portal and the system allows preference for PPP-MSE only. Considering the same, following
modality is proposed for complying with the provisions of OM no F.1/4/2021-PPD dt
18.05.2023 on concurrent application.

a) Bidders intending to claim preferential benefit must choose the applicable option at the
designated section of the GEM tender portal while participating in the tender and also upload
the supporting document(s) for availing preferential benefit along with the tender.
For example:
i) If a bidder claims purchase preference as a “MSE Class I local supplier”, then in addition
to selecting the option in the GeM portal for PPP MSE, bidder must upload documents
establishing their status as both MSE & Class -I local supplier.
ii) If a bidder’s status is a “Non-MSE Class I local supplier”, then Purchase preference for
PPP MII is auto-selected by the system and bidder must upload documents establishing
their status as “Class -I local supplier” only.
iii) All Bidders must upload documents towards local content.

b) The benefits of purchase preference(s), both during the RA as well as the allocation process,
shall ONLY be based on the option exercised by the preferential bidders in the designated
section of the portal and subject to submitting the relevant supporting document(s) for
availing preferential benefit.
c) Bidders who do not claim preferential benefit at the designated section of GEM-tender portal
for PPP MSE, shall not be considered for any preferential benefit for PPP MSE in that tender
even if supporting document for availing preferential benefit has been submitted along with
the tender. In all such cases, bidder shall be treated as a “Non MSE Class-1 bidder” subject to
uploading documents for establishing their status as “Class-I local supplier.”
Therefore, the methodology with respect to acceptance of claimed “Preference Category” in
preferential bidding for GeM tenders shall be as per the following matrix:-

Case Selection of Valid document Modality for preferential treatment

preference for preferential
category in treatment to be
GeM-portal by submitted by
bidder bidder
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Case Selection of Valid document Modality for preferential treatment

preference for preferential
category in treatment to be
GeM-portal by submitted by
bidder bidder
1 YES YES To be considered for preferential
treatment, wherever applicable
2 YES NO Will not be considered for preferential
treatment
3 NO YES Will not be considered for preferential
treatment.
Even if such bidder is lowest, other valid
preferential bidders in the margin of
preference, shall be allowed price
matching as per the relevant preference
policy.
4 NO NO Will not be considered for preferential
treatment.

It may be noted that only qualified preferential bidders who have quoted within the applicable
purchase preference margins, submitted valid documents towards establishing their status for
purchase preference and agree to match the offered L-1 price shall only be considered for
allocation as per terms and conditions of the tender.

d) Note: Wherever mentioned, the term PP-LC (Purchase Preference linked to Local
Content) is to be read as PP-MII (Purchase Preference to Make in India).

22. OTHER POINTS:

1. Legal dispute, if any, arising during the evaluation of the tender shall be within the jurisdiction of
local courts at:
a. For disputes up to stage of LOA - Kolkata,
b. For disputes during execution stage - Guwahati.
2. Indian Oil Corporation Ltd. is not bound to accept the lowest tender and reserves the right to
reject any or all the tenders without assigning any reason whatsoever.

3. Each tenderer can submit only one bid.

It is clarified that a person shall be deemed to have submitted multiple bids if he submits more
than one bid either individually or in any combination of person (individual capacity, proprietor,
affiliates, partnership, association of persons, Company). All such multiple bids shall be liable for
rejection.
(a) A person shall for this purpose mean an individual, proprietor, any partner, association of
persons, affiliate and company.
(b) A company shall for this purpose include any artificial person whether constituted under the
laws of Indian or of any other country.
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(c) A person shall be deemed to have bid in a partnership format or in association of persons
format if he is a partner of the firm which as submitted the bid or is a member of any association
of persons which has submitted a bid.
(d) A person shall be deemed to have bid in a Company format if, the person holds more than
10% (ten percent) of the voting share capital of the company which has submitted a bid, or is a
Director of the Company which has submitted a bid, or holds more than 10% (ten percent) of
voting share capital and/or is a Director of a holding Company which has submitted the bid.
(e) Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two or more
parties who are affiliates of one another can decide which affiliate will make the bid. Only one
affiliate may submit a bid. If two or more affiliates submit more than one bid, then all such bids
shall be liable for rejection.

4. Consultants or their subsidiary company or companies under the management of consultant,

are not eligible to quote for the execution of the same job for which they are working as
consultant.
5. Bids from Consortium or MOU parties shall not be accepted.

6. The bid of the party will also be rejected on the following grounds:
a. Tenderer not meeting tender qualifying parameter norms specified / not submitting pre-
qualifying and mandatory documents as per NIT.
b. Non-withdrawal of conditions imposed in tender document & conditions imposed during
negotiations.
c. A bidder who offers unsolicited reduction in the price offer whether before or after the
opening of the price part of the tender(s)/bid(s) shall be liable to have his/its/their bid(s)
rejected. Bidders may, however, at any stage offer a reduction if such reduction is
solicited or if the OWNER gives the Bidder an opportunity to offer such reduction.
d. Tenderer submitting fabricated/ false/ forged documents for the tender.
e. Tenderer put on holiday list during the pendency of this tender.

7. Invalid Tenders

Tender is invalid and shall be rejected in the following circumstances: -

(i) Does not fulfill minimum qualification criteria prescribed in the tender documents.
(ii) In case the bidder misrepresents facts or submits, forged, false or fabricated document.
(iii) Bidder is holiday listed as per prevailing holiday listing guidelines.
(iv) Bidder is banned for participation in tenders for a specific period as per CPE guidelines
wherever applicable.
(v) If insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed) or
liquidation or bankruptcy proceedings have commenced in respect of bidder in terms of Insolvency
and Bankruptcy Code, 2016 or any other applicable law (in cases where code is not applicable) at
any stage of evaluation of bid.

Tender is also liable for rejection if the bidder:

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(i) If the Earnest Money Deposit/ Bid Security Declaration is not deposited or exemption document
(if applicable) is not uploaded before closing date and time of tender
(ii) Stipulates the validity period of the bids lesser to what is stated in the tender document.
(iii) Quotes the rates or prices in documents other than price bid documents (for two-bid tenders).
(iv) Stipulates his own conditions and refuse to withdraw them.
(v) Does not disclose the full names and addresses of all his partners in the case of a partnership
concern.
(vi) Does not fill in and sign the tender acceptance formats as specified in the tender.
(vii) Does not have his PF Code/ number from the Regional Provident Fund Commissioner (In very
small tenders, where estimated value is less than Rs. 5 Lakh, PF may not be needed). However,
PSUs / organizations having their own PF trust / Govt. PF are considered ‘At Par’ with the bidders
registered with the PF authorities, the necessary documentary evidence shall be submitted along
with the bid.
(viii) If the bids are partly quoted
(ix) If the bids contain unacceptable terms and conditions.
(x) If the tender is not according to our format
(xi) In case of suo Moto reduction in the prices offered by the tenderer.
xii) Revised price bid during validity period without being asked for.

Clause on suo-moto reduction

a) If any bidder (other than L-1) offers suo-moto reduction in the prices after opening the price
bid, his bid shall be rejected out rightly. However, if there is a suo-moto reduction by the L-
1 bidder who was adjudged on the basis of comparative statement as per price bids before
such reduction, the benefit of suo-moto reduction may be availed of at the time of
placement of order on the lowest bidder.

b) Suo moto reduction in prices

Stage Price Increase Price Decrease
After opening of Not acceptable. Bid shall Tender evaluation shall be done
un-priced bid be liable for rejection. without considering suo-moto
Action regarding holiday price decrease. Ordering shall be
listing may be taken. EMD done considering suo-moto price
shall be forfeited. decrease.

8. Tenderers to please note carefully the above schedule for Pre-Bid Conference since all the
clarifications, if any, with regard to Technical/ Commercial conditions shall be given therein.
Tenderers are advised to ensure that their queries must reach by e-mail addressed to the
Contact person as specified in NIT at least two working days in advance for this purpose.
Tenderers may also note that after the clarifications are given against the points discussed in
Pre Bid conference, no further deviation shall be permitted and such clarifications shall be
binding on all bidders.

9. Any Addendum/ Corrigendum/ Sale Date Extension in respect of the tender shall be issued on
website [Link] only & no separate notification shall be issued in the press. Bidders
are therefore requested to regularly visit our website to keep themselves updated.
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10. All bidders must login and visit their DASHBOARD on regular basis to get the timely
updates related to any communication sent in the form of e-mail/SMS by system.

11. IOCL’s decision on all matters pertaining to this tender is final and binding for all bidders.

12. Bidders may note that the following are attached separately and uploaded in the e- tendering
portal:

i. Special Instructions to bidders for participating in e-tendering

ii. FAQ’s –online EMD facility in IOCL e-tendering and
iii. Format for Acceptance of Tender Terms and Conditions.

Instruction to Bidder/STC:

Bidders under insolvency or liquidation or bankruptcy proceedings under insolvency and

bankruptcy code, 2016
Offers from the following type of bidders shall not be considered:

i) If the bidder is undergoing insolvency resolution process or liquidation or bankruptcy proceeding

under Insolvency and Bankruptcy Code, 2016 (Code) or any other applicable law (in cases
where code is not applicable).
ii) Insolvency resolution process or liquidation or bankruptcy proceeding is initiated under the Code
or any other applicable law (in cases where code is not applicable) against/by the bidder at any
stage of evaluation of the bid.
a) In the event, insolvency resolution process or liquidation or bankruptcy proceeding is initiated
under the Code or any other applicable law (in cases where code is not applicable) against/by
the bidder, after submission of its bid but at any stage of evaluation of the bid, it will be
the responsibility of the bidder to inform IOCL within 15 days from the date of order of
insolvency resolution process or liquidation or bankruptcy proceeding passed by the
Adjudicating Authority namely, National Company Law Tribunal (NCLT) or Debt Recovery
Tribunal (DRT) under the Code or any other applicable law (in cases where code is not
applicable).

b) If bidder refuses or fails to share the information regarding their status of insolvency resolution
process or liquidation or bankruptcy proceeding as sought hereinabove, in their bid or at any
later stage, as applicable, their offer is liable to be rejected by IOCL and without prejudice to
any other remedy or action available with IOCL, IOCL shall forfeit the Earnest Money Deposit
provided by the bidder, is any form whatsoever.

c) IOCL reserves the right to cancel/terminate the contract without any liability on the part of
IOCL immediately on the commencement of insolvency resolution process or liquidation or
bankruptcy proceeding of any party under the contract.
d) In case where the bid of the L-1 bidder is rejected on the aforesaid grounds during the period
between Price-Bid-Opening and Award of Contract, then the bid of the next higher eligible
bidder will be considered for further processing.
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IOCL GUWHATI TERMINAL, BETKUCHI.

e) If bidder fails to share or misrepresents the information regarding their status of insolvency
resolution process or liquidation or bankruptcy proceeding as sought hereinabove and the
bidder's bid results in a contract, IOCL, without prejudice to any other any other remedy or
action available with IOCL, shall be within its rights to terminate the resultant contract.
f) A Declaration / Undertaking shall be submitted by the bidder in the attached format along with
the techno-commercial bid.

PROVISION OF CLAUSES RELATED TO BUSINESS TRANSACTION STATUS OF BIDDERS:

i) Tenderers who have transferred their ownership rights either in whole or in part to another entity
or under process of transfer shall intimate the same to IOCL in their letter head while submitting
the bid. IOCL reserves its right to reject the tender of any entity, which has transferred its
ownership rights in whole or in part or which is in process of transfer without assigning any reason
for such rejection.

(ii) If the tenderer refuses or fails to share the information regarding their status of any kind of
business transfer process/restructuring etc, in their tender or at any later stage, as applicable,
their tender is liable to be rejected by IOCL and without prejudice to any other remedy or
action available with IOCL, IOCL shall forfeit the Earnest Money Deposit provided by the
tenderer, in any form whatsoever.

Clause with respect to countries with land border with India:

1. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority. Copy of the registration
certificate is to be submitted along with the bid.
2. The Competent Authority for the purpose of registration shall be the Registration Committee
constituted by the Department for Promotion of Industry and Internal Trade (DPIIT).
3. Registration should be valid at the time of submission of bids and at the time of acceptance of
bids. If the bidder was validly registered at the time of acceptance/ placement of order,
registration shall not be a relevant consideration during contract execution.
4. However, the bidders from those countries (even if sharing a land border with India) to which
the Government of India has extended lines of credit or in which the Government of India is
engaged in developmental projects may participate in this tender and they shall not require any
separate registration for the participation.
5. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical person
not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch
or office controlled by such person, participating in this tender.
6. Bidder from a country which shares a land border with India for the purpose of this Order
means:
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i) Any entity incorporated, established or registered in such a country; or

ii) A subsidiary of an entity incorporated, established or registered in such a country; or
iii) An entity substantially controlled through entities incorporated, established or registered in such
a country; or
iv) An entity whose “beneficial owner” is situated in such a country; or
v) An Indian (or other) agent of such an entity; or
vi) A natural person who is a citizen of such a country; or
vii) A consortium or joint venture where any member of the consortium or joint venture falls under
any of the above.
7. “Beneficial Owner” in the above paragraph will be as under:
i) In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical
person(s), has a controlling ownership interest or who exercises control through other
means.
Explanation –
A. “Controlling ownership interest” means ownership of, or entitlement to, more than twenty five
percent of shares or capital or profits of the company;
B. “Control” shall include the right to appoint the majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or management rights
or shareholders agreements or voting agreements.
ii) In case of partnership firm, the beneficial owner is the natural person(s) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to
more than fifteen percent of capital or profits of the partnership;
iii) In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individuals;
iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;
v) In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
8. “Agent” is a person employed to do any act for another, or to represent another in dealings
with third persons.
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IOCL GUWHATI TERMINAL, BETKUCHI.

9. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
10. Bidders shall submit a certificate as per the attached Annexure-C regarding their compliance to
the above conditions. If such certificate given by a bidder whose bid is accepted is found to be
false, this would be a ground for immediate termination and further legal action in accordance
with law.
Clause: Planning and Designing in purview of Vulnerability Atlas of India:

Vulnerability Atlas of India (VAI) is a comprehensive document which provides existing hazard scenario
for the entire country and presents the digitized State/UT – wise hazard, maps with respect to
earthquakes, winds and floods for district-wise identification of vulnerable areas. It also includes
additional digitized maps for thunderstorms, cyclones and landslides. The main purpose of this Atlas is
its use for disaster preparedness and mitigation at policy planning and project formulation stage.

This Atlas is one of its kind single point source for the various stakeholders including policy makers,
administrators, municipal commissioners, urban managers, engineers, architects, planners, public etc.
to ascertain proneness of any city/location/site to multi-hazard which includes earthquakes, winds,
floods, thunderstorms, cyclones and landslides. While project formulation, approvals and
implementation of various urban housing, buildings and infrastructures schemes, this Atlas provides
necessary information for risk analysis and hazard assessment.
The Vulnerability Atlas of India has been prepared by Building Materials and Technology Promotion
Council under Ministry of Housing and Urban Affairs, Government of India and available at their website
[Link].
It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk assessment and
include the relevant hazard proneness specific to project location while planning and designing the
project in terms of:

a) Seismic zone (II to V) for earthquakes,

b) Wind velocity (Basic Wind Velocity: 55,50,47,44,39 & 33 m/s)

c) Area liable to floods and Probable max. surge height

d) Thunderstorms history

e) Number of cyclonic storms / severe cyclonic storms and max sustained wind specific to coastal
region

f) Landslides incidences with Annual rainfall normal

g) District wise Portable Max. Precipitation.

 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

Corporation reserves the right to revise/extend any Date/Time from scheduled timelines
of published tender.

There are 03 Parts of the Tender Document: Part A, Part B and Price Bid.

If the bidder, whose bid has been found to be the lowest evaluated bid withdraws or whose bid has
been accepted, fails to sign the procurement contract as may be required, or fails to provide the
security as may be required for the performance of the contract required for the performance of the
contract or otherwise withdraws from the procurement, the Procuring Entity shall re-tender the case.

Thanking you.
For Indian Oil Corporation Ltd
General Manager I/c (M&C)
Regional Contract Cell
Eastern Region Office
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BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

ANNEXURE-2

LIST OF DOCUMENTS REQUIRED TO BE UPLOADED

1. DOCUMENTS FOR PRE QUALIFYING CRITERIA:-

Sl no Description
1 Documents required to be submitted against proof of completion of
Similar works:

(i) In case of work order from Government Bodies/PSUs- Copies of

Contract Document along with either completion certificates or duly certified
copy of bill/invoice. Copy of contract document may not be insisted if
completion certificate/ bill/ invoice copy specifies details otherwise required like
date of PO/ contract agreement, contract value, execution value, date of
completion and other requirements if any.
(ii) In case of work order from Private Parties- Certificate from CA certifying
value of work done with TDS certificates (where applicable) / Bank statement
shall be required in addition to that specified in (i), which shall be used as
corroborative evidence only.
(iii) In case of foreign currency transaction to Indian firms, proof remittance shall also
be required. For the works carried out abroad and payments received by the
Bidder in foreign currency, exchange rate as per SBI TT Selling rate as on the
last date of month previous to the one in which the Tender is being invited will
be considered for conversion in INR.
(iv) Against orders placed by IOCL, proof of completion may be established
from internal records.
(v) Orders for which details of completion are available directly from client or
from database against past orders can also be accepted (specifically when no.
of bidders getting qualified is less than 3).

Annual Turnover:
2 Total Revenue as per Schedule III of Companies act, 2013 (Earlier revised Schedule VI
of Companies Act, 1956) shall be considered as Turnover.

Turnover for this purpose should be as per audited Balance Sheet of the tenderer.
However, if the tenderer is not required to get its accounts audited under Section 44AB
of the Income Tax Act, 1961, certificate from a Practicing Chartered Accountant
towards the turnover of the tenderer along with copies of its Income Tax Return should
be obtained.

Audited Balance Sheet / Published accounts on a calendar year basis shall also be
acceptable. (The balance sheet copy MUST bear the Registration Number of the
authorized Chartered Accountant and its SEAL. This is not applicable for published
annual reports).

In case of non-availability of audited balance sheet (Profit & Loss Account

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BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

statement)/published accounts of the immediate preceding year, the audited balance

sheet (P&L statement) / published account of 4th preceding financial year shall also be
acceptable

In case the party submits audited balance sheet and P&L statements for period less
than 3 years, then the highest turnover shall be established from the documents
submitted.

Provisional Balance Sheet and P&L account statement shall not be considered for
evaluation, even if the same is uploaded.

2. OTHER MANDATORY DOCUMENTS:

1 PAN CARD
2 GST Registration Certificate
3 Partnership deed or Certificate of Incorporation with Memorandum & Articles of
Association
4 Power of Attorney:

Authority of the person uploading the bids with his DSC shall be required to be
submitted in the bids. Document required showing the authority of the person
uploading & submitting the bid with his Digital Signature Certificate shall be as given in
the following table.

In case of  If the bid is submitted by the proprietor, no POA

Proprietary required. However, he will upload undertaking
Concern certifying that he is sole proprietor.
 If the bid is submitted by person other than proprietor,
POA authorising the person to submit bid on behalf of
the concern.
In case of  Certified copy of Board Resolution authorising the
Company person submitting the bid on behalf of the company.
OR
 POA and the supporting Board Resolution authorising
the person submitting the bid on behalf of the
company.
In case of POA along with Deed of Partnership / LLP Agreement.
Partnership
Firm/LLP
In case of Co- Copy of resolution passed as per Society Rules.
Operative Society
5 UNDERTAKINGS AND DECLARATIONS:

 Undertaking for Acceptance of Tender terms and conditions.

 Declaration A,B,C,D.
 Declaration regarding Holiday/Blacklisting.
 Undertaking for Non-Tampering of Data.
 Declaration on NCLT/NCLAT/DRT/DRAT/Court Receivership/Liquidation
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IOCL GUWHATI TERMINAL, BETKUCHI.

 Compliance Certificate regarding bidders from countries which shares a land

border with India
 Undertaking for Status of Business Transaction
 Undertaking for No Multiple Bidding
 Particulars of Bidder
 Declaration Form for availing purchase preference - Bid Stage (to be submitted
on Letter Head of the Bidder) as per Annexure- I of Tender
 MSE Registration Certificate (if applicable)

Note:
Documents if available in public domain or available in IOCL database (SAP records) may also be
considered.

3. OTHER DOCUMENTS: Following copy of documents are to be submitted by the successful

bidder prior to placement of work order.

SN Description

1 Undertaking for non-engagement of child labour.

2 Undertakings towards ESI and PF as per performa given in the tender.

3 Contract Agreement.

4. Format for consent letter for payment through Electronic Mode.

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IOCL GUWHATI TERMINAL, BETKUCHI.

ANNEXURE-3
SPECIAL CONDITIONS OF CONTRACT

1.0 EARNEST MONEY DEPOSIT (EMD) : AS PER NIT

2.0 PERIOD OF CONTRACT & TERMINATION

2.1 Contract shall be valid as specified in the NIT. The starting date will be taken as the date as mentioned
in Commencement Order. Failing to take over will invoke penalty as per relevant Clauses of GCC. This
will be in addition to and without prejudice to the other rights available to the Corporation under the
said GCC.

2.2 On expiry of the period stipulated in the contract and any extensions thereof, it will be deemed to have
been terminated automatically, unless otherwise intimation in writing is given by IOCL. Further, the
Contractor will not have any right either contractual or equitable to demand any fresh contract for
another term or to continue the same in preference to any other intending party.

2.3 Notwithstanding anything to the contrary herein contained, the Corporation will be at liberty to
terminate this contract forthwith upon or at any time, a breach or default of any terms, conditions or
stipulations contained herein is committed by contractor and / or by his workmen deployed in IOC
premises.

2.4 Notwithstanding anything contained in other clauses of the tender document, if at any time during the
period of contract, it is observed that the services are not being rendered to the entire satisfaction of
the IOC, the IOC will have a right to terminate the contract after satisfying himself about the
Contractor’s inability or unwillingness to render requisite services or for other reasons. The decision in
this regard will be final and binding on the Contractor.

2.5 Upon termination of the contract, the IOC will be entitled, at the risk and cost of the Contractor, to carry
on the services for the balance period of the contract as contemplated in the scope of work through an
independent agency and to adjust any differential amount thus incurred from the Contractor in addition
to any other amounts, compensation and damage, that the IOC is entitled to, in terms of the relevant
clauses of this existing contract from the security deposit or any other amount due to the Contractor.

3.0 SECURITY DEPOSIT

Successful bidder shall have to submit Security deposit within 15 days after issuance of Letter of
Acceptance. Security deposit shall be 5% of total contract value excluding GST which can begiven in
anyone of the following mode:

Initial SD: Out of total security deposit,2.5 % shall be paid by electronic mode of payments like

1. E-Pay One
2. Bank Guarantee will be accepted if SD amount is above Rs. One lac.

Immediately on acceptance of LOI / LOA, the balance 2.5 % of the security deposit shall be recovered
from the R/A bill @2.5% of the value of bill till the total amount of the security deposit is recovered.

Entire SD amount may be paid by the above Pay mode.

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The security deposit will be released after 12 months from the date of completion of work provided no
defects are noticed in the work during this period. No interest will be allowed on security deposit.

4.0 CONTRACTUAL FORMALITIES

The contractor shall complete the contractual formalities viz. execution of form of contract, acceptance
of Work order, and submission of ISD/SD within 10 days from the date work order. In case of delay in
submission of ISD/SD, IOC reserves the right to handover the site as per Clause 2.1 above and recover
the ISD & SD for the completed works in line with relevant Clause of GCC from their running bills.
However, the contractor shall execute the form of contract within 10 days from the date of work orders.

5.0 PAYMENT OF WAGES TO CONTRACT LABOURS

The contractor will have to pay labour wages as per the prevailing rate of minimum wages for contract
labours fixed by the appropriate authority.

The statutory rate of wages shall be governed by the MoS rate circulated vide Notification no. ER:
3/29(AN)-2022/1 dated ,25.04.2022 or as revised and notified from time to time.

Detail break up of skilled Labour

Period from Period from Period from Period from

SL. DESCRIPTION OF
01.10.2024 to 01.04.2025 to 01.10.2025 to 01.04.2026 to
NO. ITEM
31.03.2025 30.09.2025 31.03.2026 30.09.2026
( In Rs. ) ( In Rs. ) ( In Rs. ) ( In Rs. )
1 Basic Wages 579 579 579 579
2 VDA 289 309 329 349
SUB TOTAL 868 888 908 928
PF (13.35 % of
3 115.88 118.55 121.22 123.89
wages)
ESI (3.25% of
4 Wages)/Health 28.21 28.86 29.51 30.16
Insurance

5 Total (per day) 1012.09 1035.41 1058.73 1082.05

Period from Period from Period from

SL. DESCRIPTION OF
01.10.2026 to 01.04.2027 to 01.10.2027 to
NO. ITEM
31.04.2027 30.09.2027 15.03.2028
( In Rs. ) ( In Rs. ) ( In Rs. )
1 Basic Wages 579 579 579
2 VDA 369 389 409
SUB TOTAL 948 968 988
PF (13.35 % of
3 126.56 129.23 131.90
wages)
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HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

ESI (3.25% of
4 Wages)/Health 30.81 31.46 32.11
Insurance

5 Total (per day) 1105.37 1128.69 1152.01

In case of revision in statutory minimum wage rates during the contractual period including
extensions, if any, the corresponding increase in the payment of wages including the corresponding
hike in the PF, ESIC contribution etc will be made by the contractor to their workmen. However, no
additional payment shall be made to the contractor in lieu of the same. The rates finalized in this
tender shall be firm and binding on the contractor till end of the contractor.

6.0 REVISION IN WAGES

In case of any revision in statutory rate of minimum wages during the contract period, the contractor
shall not be compensated for the additional implication arising out of the revision. The contractor,
however, will have to pay wages as per current applicable wages revised by statutory authorities from
time to time.

7.0 All regular payments shall be made to the contractor after deduction of TDS. Applicability of TDS on the
reimbursement of payment of arrears (as detailed above, which do not include any profit) shall be as per
the norms.

8.0 SALARY PAYMENT

The successful contractor shall ensure that payment of salaries to all workmen under this subject tender
contract be made though RTGS/NEFT only and proof of such payment will have to be made available as
and when required by IOCL.

The successful contractor also has to ensure that any loan, advance of any nature extended to the
contract labour should be through RTGS/NEFT only.

9.0 ORDER OF PRECEDENCE

In case of irreconcilable conflict in non technical matters between provisions in separate contract
documents governing the same aspect, the following shall prevail in order of preference;-

1. Formal contract
2. Acceptance of tender
3. Price schedule annexed to the letter of acceptance
4. Agreed variations annexed to the letter of acceptance
5. Addenda to the tender documents
6. Special Terms and Conditions of Contract
7. Instructions to Tenderers
8. General conditions of Contract

A variation or amendment issued after the execution of the formal contract shall take precedence
over the formal contract and all other Contract Documents. Notwithstanding the sub divisions of
the tender document into several sections and volumes, every part of each shall be deemed to be
supplementary of every other part and shall be read with and into the contract so far as it may be
practicable to do so.
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10.0 The Corporation reserves the right to operate or not operate or partly operate any item mentioned in the
schedule.

11.0 The contractor shall take note that rates quoted shall be inclusive of all Taxes & Duties, and all other
expenditure required to be incurred by him/her for providing required services etc. during the contract
period as indicated under this contract, except GST.

12.0 The accepted rates of the contract shall be valid till the completion of works in all respects and no
escalation whatsoever will be entertained on any grounds except the ones defined in this tender. No
escalation charges will be payable on account of Fuel price hike also.

12.1 The Contractor will be liable to comply with all the rules and regulations in respect of all statutory
obligations applicable to the workmen including safety regulations.

12.2 Contractor will fully comply with the provisions of all the labour Laws/rules (both central and state),
whichever are applicable to workmen deployed by the party in relation to the subject work, particularly,
I) Employee’s Provident Fund Act, 1952 II) Employee’s State Insurance Act, 1948 (if applicable) III)
Payment of Wages Act, 1936 IV) Minimum Wages Act, 1948 V) Equal Remuneration Act, 1976 VI)
Employees’ compensation Act VII) Contract Labour (Regulation & Abolition) Act, 1970 VIII) Payment of
Bonus Act, 1965.(if applicable) IX) Service Tax X) Payment of gratuity Act (If applicable) and/or such
other Acts of Laws, regulations passed by the Central, States, Municipal and local government agency or
authority.

12.3 As per the statutory requirement, the contractor will remit PF and ESI (if applicable) every month.

12.4 As and when the wages is revised, the contractor will make payment of revised wages to his labour and
also ensure remittance of PF and ESI (if applicable) on the revised wages.

12.5 As and when wages gets revised the successful tenderer will be suitably informed by the Corporation and
the successful tenderer will make the revised (due to revision in wages) payment to the person on
monthly basis. The successful tenderer will be reimbursed actual additional amount incurred due to
revision in wages without adding any profit or Overheads on monthly basis.

12.6 The labours on duty will be supervised either by Contractor or his supervisor.

12.7 The contractor shall be responsible for any compensation to their Workmen payable under the
Employees’ Compensation Act, 1923, and amendments there to/for injuries caused to the workmen. The
contractor shall be responsible for and pay the expenses for providing medical treatment to any
workmen who may suffer any bodily injury as a result of any accident. The contractor shall be liable for
all the payments to their staff, labourers and workmen employed for the performance or carrying of the
said work and the Corporation shall in no event be liable or responsible for any payment and the
contractor shall keep the Corporation indemnified against the same and from all proceedings in respect
thereof.

12.8 In case, there is any absenteeism on the part of workmen assigned for the jobs during office working
hours, the contractor will have to make standby arrangements, failing which proportionate deduction
will be made on the basis daily wages being paid to the workmen , besides imposition of penalty
charges as detailed elsewhere in this tender.
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13.0 SPECIAL CLAUSES ON TAXATION (SCT):

14.0
Clause
Description
No.
DEFINITIONS

Contractual period / Work Completion Period /Contractual Delivery Date /

Contractual Completion Period shall mean the Scheduled Delivery / Completion
1
Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or Work
Order and shall also include approved extensions, if any.

GENERAL
Where any portion of the GCC/any other section of tender, is repugnant to or at
variance with any provision of the Standard Taxation Condition (STC), then the
1
provision of the STC shall be deemed to override the provisions of the GCC and shall,
to the extent of such repugnance or variations, prevail.
For the purpose of this STC, the term “tax” in addition to tax imposed under CGST
(Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union Territory Tax)/
2
GST Compensation Cess Acts, also includes any duties, cess or statutory levies levied
by central or state authorities.
Rate variation in Taxes and any new promulgated taxes after last date of the
submission of price bid only on the final product and/or services (applicable to
invoices raised on IOCL) within the contractual delivery date /period (including
extension approved if any) shall be on IOCL’s Account against submission of
documentary evidence.
Further , in case of delay in delivery of goods and/or services, any upward rate
3
variation in Taxes and any new promulgated taxes imposed after the contractual
delivery date shall be to the Seller’s / Contractor’s Account.
Similarly in case of any reduction in the rate(s) of the Taxes between last date of
submission of price bid relevant to the Contract and the date of execution of
activities under the contract, the Contractor shall pass on the benefit of such
reduction to IOCL with the view that IOCL shall pay reduced duty/Tax to Govt.
Wherever any escalation / de-escalation linked to raw material price (Basic price
excluding taxes) is allowed as per terms of the contract, Variation to the extent
4
related to escalation / de-escalation of value of material shall be allowed without Tax
unless specified otherwise.
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It would be the responsibility of the contractor to get the registration with the
respective Tax authorities. Any taxes being charged by the Contractors would be
claimed by issuing proper TAX Invoice indicating details /elements of all taxes
charged and necessary requirements as prescribed under the respective tax laws and
also to mention his correct and valid registration number(s) along with IOCL’s
registration number as applicable for particular supply on all invoices raised on IOCL.
Contractor to provide the GSTIN number from where the supply is proposed to be
under taken. Further the HSN Code / Service Accounting Code (SAC) as applicable
5 for the subject tender needs to be provided in the columns provided in the technical
bid.
In case the contractor is opting for Composition scheme under the GST laws (i.e
Section 10 of the CGST Act, 2017 and similar provisions under the respective State /
UT law), the contractor should confirm the same. Further the contractor to confirm
the issuance of Bill of Supply while submission of tender documents and no GST will
be charged on IOCL.
In case the contractor is falling under Unregistered category, the contractor should
confirm the same.
The contractor would be liable to reimburse or make good of any loss/claim by IOCL
towards tax credit rejected /disallowed by any tax authorities due to non deposit of
taxes or non updation of the data in GSTIN network or non filling of returns or non
6 compliance of tax laws by the Contractor by issuance of suitable credit note to IOCL.
In case, contractor does not issues credit note to IOCL, IOCL would be constrained
to recover the amount including interest payable alongwith Statutory levy/Tax, if
any, payable on such recovery.
Tax element on any Debit Note / Supplementary invoice, raised by the contractor will
be reimbursed by IOCL as long as the same is within the permissible time limit as
7 per the respective taxation laws and also permissible under the Contract terms and
conditions. Contractors to ensure that such debit Notes are uploaded while filing the
Statutory returns as may be prescribed from time to time.
The contractor will be under obligation for quoting/charging correct rate of tax as
prescribed under the respective Tax Laws. Further the Contractor shall avail and
pass on benefits of all exemptions/concessions/benefits/waiver or any other benefits
8 of similar nature or kind available under the Tax Laws. In no case, differential Tax
Claims due to wrong classification of goods and/or services or understanding of law
or rules or regulations or any other reasons of similar nature shall be entertained by
IOCL.
In case, IOCL’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e.
payment of Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice
versa, the contractor is liable to make good the loss suffered by IOCL by issuance of
9
suitable credit note to IOCL. In case, contractor does not issue credit note to IOCL,
IOCL would be constrained to recover the amount including interest payable
alongwith Statutory levy, if any, payable on such recovery.

In case the contractor is opting for Composition scheme under the GST laws, in such
event the evaluation of his bid will be based on the Quoted Price.
10
In case the contractor is falling under Unregistered category, then GST liability, if
any, on IOCL will be included for the purpose of evaluation.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced
11
from the delivered price to arrive at the net landed cost.
IOCL shall reimburse GST levied as per invoice issued by the Contractor as
12
prescribed under section 31 of the CGST Act and respective states and Rules.
To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all
13 certificates, documents and declarations as are required by IOCL to avail of the ITC
with respect to GST reimbursed by IOCL on materials sold to IOCL.
Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the
time of raising Invoice if the invoices raised are not as per Tax rates mentioned in
14 the bid, payment will be limited to the rate quoted as per BID subject to increase
/decrease in Rates after last date of submission of Price Bid provided delivery is
within the Contractual period.
Wherever provisions of Tax deduction at Source (TDS) are applicable under the
CGST / SGST / UTGST/IGST Act, 2017 on supplies of goods or services or both to
15 IOCL , tax will be deducted from the invoice raised and deposited with the
authorities by IOCL. TDS certificate as per provisions of CGST / SGST / UTGST/IGST
Act, 2017 shall be issued by IOCL.
CUSTOM DUTY (Certain clauses will not be applicable wherever port
16 clearances are in the scope of IOC and IOC is to take delivery at Port)
applicable for Global Tender
Custom Duty for this clause shall mean Basic Custom Duty, Additional Duty of
Customs levied under Section 3 of the Customs Tariff Act equivalent to the IGST and
16.1
Education Cess and Secondary and Higher Secondary Cess, Social Welfare Surcharge
(SWS).
The contractor shall within 7 (seven) days of dispatch /shipment of any such
materials forward to the owner, the following documents.
(i)Supplier’s /Vendor Invoice indicating item wise price of the materials for the
16.2 purpose of assessing customs and other Import duties (ii) Bill of lading/Airway Bill
(iii) Package wise packing list (iv) Certificate of origin and other relevant documents
relating to the identification of the materials. (v) Other relevant documents for the
assessment of customs duties and the clearance of goods through Customs.
The Contractor shall also be fully responsible for Port and Customs clearance
including stevedoring, handling, unloading, loading and storage and for satisfying all
Port and Customs formalities for the clearance of the goods , including preparation
of the BILL(s) of Entry mentioning the applicable GSTIN of IOCL and other
16.3
documents required for import and or/clearance of the goods. The applicable GSTIN
shall be advised by IOCL. The Contractor shall also be fully responsible for any
delays, penalties, interest, demurrages, shortages and any other charges and losses,
if any in this regard.
The Custom Duty payable shall be reimbursed on production of supporting
16.4
documents or paid directly to the Customs Authority, as the case may be.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

IOCL shall pay the CUSTOM DUTY within 1 (one) working day or specified under
Customs law, after the day on which the CONTRACTOR furnishes the complete
necessary documents including duty requisition slip along with BILL of ENTRY to the
16.5
IOCL’s designated office for release of requisite materials/ equipment from Customs.
However additional cost on account of delayed payment of Custom duty due to IOCL’
s fault shall be paid by IOCL.

IOCL will not bear liability towards payment of safeguard duty, Anti Dumping duty,
Protective Duty or Countervailing Duty on subsidized articles or any other such duties
16.6
of Customs imposed by the Government of India under Custom Tariff Act 1975
applicable on such materials in India.
All other costs towards Port and Customs Clearance shall be the contractor’s
16.7 responsibility including appointment and payment to clearing agents and no
reimbursement will be made by IOCL except as quoted in the price bid.
The contractor shall provide IOCL with all documents necessary for IOCL to claim
Input Tax Credit (ITC) of the IGST levied under Section 3 of the Custom Tariff Act.
Should the contractor fail to provide any such document(s) resulting in a shortfall in
the ITC available to IOCL, the shortfall shall be made good by the contractor by
16.8 issuance of suitable credit note to IOCL. In case the contractor does not issue credit
note to IOCL, in such case, IOCL would be constrained to recover the amount along
with interest and statutory levy, if any, and such recovery would be without pre-
judice to any other mode of recovery from the Running Account or other bills or
payments to the Contractor.
The input tax credit available to IOCL will be reduced to arrive at the net Landed
16.9
cost in the hand of IOCL for evaluating the Bids.
In case the bidder is availing any exemption under the prevailing customs law, then
necessary documentary proof for availing the said exemption is required to be
16.1 submitted. In the event of non submission of the requisite documents as per the
conditions for availing the exemption by the successful bidder, then the additional
outflow on account of various taxes and duties will be recovered from the bidder.
The Tariff Head under which the goods will fall should be clearly mentioned along
16.11
with the Custom Duty Rate at the time of submission of Bid.
17 ROAD PERMIT /WAY BILL
IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor
only in those cases where materials is purchased by IOCL directly and/or IOC is
statutorily required to issue the Road permit/Way Bill, by whatever name it is called.
17.1
Contractor will be under obligation for proper utilization of road permits for the
specific supply and in case of seizure of goods/vehicle; the Contractor will be wholly
responsible for release and reimburse the litigation cost to IOCL.

IOCL shall on no account be responsible for delay or hold up due to the timely non
availability of such documents as are required to be furnished by the owner to obtain
17.2 the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make
best efforts to provide sufficient number of Road Permits/way bill, by whatever name
it is called. on demand to avoid any delay or Hold up.
18 Works Contract / Composite Supply / Mixed Supply
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

Works contracts as defined under the GST law includes Contracts for Building,
Construction, Fabrication, Completion, Erection, Installation, Fitting out,
Improvement, Modification, Repair, Maintenance, Renovation, Alteration or
Commissioning of any immovable property wherein transfer of goods is involved in
the execution of such contracts.
Composite Supply has been defined as supply in which two or more supply of goods
or service or both or any combination are naturally bundled and supplied in
conjunction with each other in the ordinary course of Business, and then the rate as
18.1 applicable for principal supply will be applicable on the entire transaction.
Mixed supply has been defined as supplies of goods or service or both which are
made in conjunction with each other for a single price and which does not constitute
a composite supply then the rate as applicable for the highest rate will be applicable.
In view of the above various definitions under GST law, bidders are required to
evaluate the jobs to be undertaken covered under the tender and quote accordingly
by taking in to account the nature of Job read with the legal provision.
The place of supply in relation to an immovable property shall be the location at
which the immovable property is located or intended to be located.

In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be reduced
from the delivered price to arrive at the net landed cost. IOCL shall reimburse GST
18.2 levied as per TAX invoice issued by the Contractor as prescribed under respective
GST Acts and Rules. In case the contractor is not permitted to issue Tax Invoice the
same should be clearly mentioned in the price Bid.
To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and all
18.3 certificates, documents and declarations as are required by IOCL to avail of the ITC
with respect to GST reimbursed by IOCL on materials sold to IOCL
Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the
time of raising Invoice if the invoices raised are not as per Tax rates mentioned in
18.4 the bid, payment will be limited to the rate quoted as per BID subject to increase
/decrease in Rates after last date of submission of Price Bid provided delivery is
within the Contractual period.

13.16 INCOME TAX

a) The contractor shall be exclusively responsible and liable to pay Taxes on Income arising out of
payment made out of the contract.
b) Wherever withholding tax (TDS) is applicable under the Income tax Act , 1961 the same will be
deducted from the Invoices raised and Certificate as per provision of the Income tax Act and it Rules will
be issued to the contractor.
c) PAN is mandatory. If PAN is not provided TDS would be deducted at higher rate as per the provisions
of Income Tax Act.

15.0 The bidder is required to compulsorily indicate the applicable rates of service tax in the space provided
under the Statement of Credential section

16.0 Labour Agreement/PF/ESI requirements shall be adhered to as per the relevant Clauses of GCC.

17.0 Bill of Quantities is approximate and payment shall be made as per actual certified quantity.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

18.0 IOC reserves the right to appoint third party supervision/ inspection agency for supervision of works on
behalf of IOC.

19.0 SECRECY AGREEMENT

CONTRACTOR shall as a part of his obligation sign an agreement for secrecy of the drawings /
documents with IOC. CONTRACTOR, hereby, expressly undertake to keep all the drawings/documents
as well as other Technical information given in the CONTRACT-DOCUMENT secret and shall not
divulge or leak or otherwise cause to be known to the competitors or others having any interest in
such process in anyway the contents in any form, shape or method.

20.0 DELETION OF CLAUSE IN GCC

Following clauses forming part of the GCC issued along with the tender are deleted:

a. Clause [Link] – General, under section 2 of GCC is deleted.

b. Clause no. 3.0 – Section - Instruction to tenderers of GCC is deleted.
c. Clause [Link] – The clause shall partly be modified. Duration of 30 days shall be read as 20 days.
d. GCC contains provisions for arbitration and alternate dispute resolution machinery under section-
9, which stands deleted. Further, the reference to arbitration and alternative dispute resolution
machinery provision contained in any other term & condition in GCC, which may be general or
special in nature shall also stand deleted to the extent the said contents are applicable to the
arbitration provisions.

21.0 Dispute Resolution:

If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with
or arising out of this agreement (and whether before or after the termination) Parties hereto shall
promptly and in good faith negotiate with a view to its amicable resolution and settlement. In the
event no amicable resolution or settlement is reached within a period of thirty (30) days from the date
on which the dispute or difference arose, such dispute or difference shall be referred to a mutually
acceptable sole Arbitrator. The existence of any dispute or difference or the initiation or continuation
of the arbitration proceedings shall not postpone or delay the performance by the Parties of their
respective obligations pursuant to this Agreement. The outcome of the Arbitration shall be binding
upon all parties involved. The Indian Arbitration and Conciliation Act 1996 as amended by The
Arbitration and Conciliation (Amendment) Act 2015 or any statutory modification or re-enactment
thereof and the rules made there under for the time being in force shall apply to the arbitration
proceedings under the clause.

The seat of arbitration shall be at Guwahati.

22.0 PENALTY CLAUSE IN CASE OF BREACH OF SAFETY

The penalty for breach of safety during execution of works shall be levied by the Corporation as
below:
A. Violation of applicable safety, health and environment related norm, a penalty of Rs. 5000/- per
occasion.
B. Violation as above resulting in;
 Any physical injury, a penalty of 0.5% of the contract value (max. of Rs. 2 lacs) per injury in
addition to Rs. 5000/- as mentioned above.
 Fatal accident, a penalty of 1% of the contract value (max. of Rs. 10 lacs) per fatality in addition
to Rs. 5000/- as mentioned above.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

In case of any breach of contract (other than price reduction clause for delayed completion), recovery of
requisite service tax amount over and above the penalty amount shall be done from the contractor’s bill

23.0 SELECTION PROCEDURE:

22.1 The tenderers are advised to submit their offer strictly as per the terms and conditions and
specifications contained in the tender document and not put forth conditions/ counter conditions.
Conditional tenders shall be liable for rejection.

The tenderers must note that the rates to be quoted should be as specified in price bid
documents

24.0 POWER OF ATTORNEY

Necessary power of attorney authorizing the person who is acting on behalf of the firm should be
produced before execution of the agreement.

25.0 The labour of the contractor although working in the premises of the IOCL shall always remain the
employee of the contractor and by virtue of the labour working in our establishment shall in no way
create any employer-employee relationship between such employees and IOCL.

25.0 BILLING AND PAYMENTS

25.1 The vendor/ contractor will submit their monthly bill/s before 7th of the following month in a format
prescribed by IOCL. The bill/s in the prescribed format will be duly authenticated by authorized
representatives of the Contractor (power of Attorney holder) and supported with the monthly wage bill,
salary disbursement sheet for the month duly certified by the Officer-in-Charge or his representative as
per the Contract Labor (R&A) Act 1970 and or amended thereto and copy of challan as proof of deposit
of Provident Fund (PF) & Employees State Insurance (ESI) contributions if applicable.

25.2 Payment Schedule –

SL
DESCRIPTION %PAYMENT
NO
100%
a Monthly Bills as per Schedule – Payment every month.

Note: Mobilization advance is not applicable to this tender.

25.3 IOC will effect payments to the contractors through RTGS/NEFT only.

26.0 PUTTING A PARTY ON HOLIDAY LIST

(“Party” means Bidder/ Licensor/ Tenderer/ Consultant/ Contractor/ Contractor/ Sub-contractor/ sub-
contractor/ Sub-consultant)
26.1 A Party may be put on holiday list in the event of any one or more of the following :
If a Party
a. Has indulged in malpractices such as bribery, corruption, fraud and pilferage, bid rigging
/ price rigging
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HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

b. Is bankrupt or insolvent or is being dissolved or has resolved to be wound up or

proceedings for winding up or dissolution has been instituted.
c. Has submitted fake, false or forged documents/ certificates
d. Has substituted materials in lieu of materials supplied by IOCL or has not returned or
has short returned or has unauthorizedly disposed off materials/ documents/
drawings/tools or plants or equipment supplied by IOCL
e. Has obtained official company information or copies of documents, in relation to the
tender/ contract, by questionable methods/ means
f. Has deliberately violated and circumvented the provisions of labour laws/ regulations/
rules, safety norms or other statutory requirements.
g. Has deliberately indulged in construction and erection of defective works or supply of
defective materials.
h. Has not cleared IOCL’s previous dues.
i. Has committed breach of Contract or has failed to perform a contract or has abandoned
the contract.
j. Has refused to accept Fax of Acceptance/ Letter of Acceptance/ Purchase Order/ Work
Order after the same is issued by IOCL within the validity period and as per agreed
terms and conditions
k. After opening of Price Bid, on becoming L1, withdraws/ revises his bid upwards within
the validity period.
l. Has parted with, leaked or provided confidential/ proprietary information of IOCL given
to the party only for his use (in discharge of his obligations against an order) to any
third party without prior consent of IOCL
m. Any other ground for which in the opinion of the Corporation makes it undesirable to
deal with the party

26.2 If a communication is received from the Administrative Ministry of IOCL to ban a party from
dealing with IOCL, the party shall be automatically put on Holiday list.

27.0 A complaint book shall be maintained by the successful vendor for lodging of service related
complaints. Suitable penalty shall be levied in case of non compliance with any stipulated standard as
per the tender conditions and shall be recovered from the RA bill

28.0 No separate payment will be made by IOCL for works covered under scope of work or pre-
requisites for the contract, until and unless specifically mentioned.

29.0 Special terms and conditions of contract will be read in conjunction with the general conditions of
contract and all other document forming part of this contract. Notwithstanding the subdivisions of the
document into these separate sections, every part of each will be deemed to be supplementary to and
complimentary to every other part and will be with and into the document as far as it may be applicable
to do so.

30.0 Where any portion of the general condition of contract is repugnant to or at variance with any
provision of special conditions of contract, the provision of special conditions of contract will be deemed
to over ride the provision of general conditions of contract and will be to the extent of such repugnancy
of variation prevail.

31.0 Clarifications with respect to tender shall be obtained from IOCL.

32.0 Any sort of canvassing by the tenderer shall result into disqualification.
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

33.0 Any conditional / incomplete offer or failure to follow above instructions shall lead to
disqualification. Providing any details of rates offered in the technical commercial bid section will lead to
disqualification of the bidder.

34.0 VERIFICATION OF ORIGINAL DOCUMENTS:

Document verification with originals shall be carried out after opening of price bids for the short listed
bidder(s) only. Since documents are submitted by the bidder(s) in the tender, the responsibility of
authenticity of documents shall be with the bidder(s).
Shortlisted bidder(s) shall be required to present their original documents to the tender inviting authority
within a period of 7 days from the date of intimation by IOCL. In the event of failure of such bidder(s) to
get the documents verified as per the specified time schedule, the EMD of the bidder(s) shall be
forfeited. In case it is observed that if any bidder(s) submitted forged documents / credentials,
necessary action for holiday listing of the bidder(s) shall be carried out including forfeiture of EMD.

35.0 TYPOGRAPHICAL OR CLERICAL ERRORS

The Corporation’s clarifications regarding partially omitted particulars or typographical or clerical

errors shall be final and binding on the Contractor.

36.0 At all places in the GCC enclosed with the tender document, OWNER shall mean INDIAN OIL
CORPORATION LIMITED, MARKETING DIVISION, INDIAN OIL AOD STATE OFFICE, with its registered
head office at G9, Ali Yavar Jung Marg, Bandra(E), Mumbai-400051

37.0 The tenderer may contact the contact person as per NIT for familiarizing themselves about the
wages paid/other benefits being given to the persons engaged by the existing contractor and with
other aspects as they may choose to understand the same before submitting the tender.

38.0 CORRESPONDENCE: All correspondence for query regarding site conditions/site visit and in the
execution of orders placed by IOCL shall be addressed to:
Deputy General Manager
Indian Oil Corporation Limited
Guwahati Terminal, Betkuchi
Guwahati, Assam-781040
Ph No: 7099038074
Mail id: sinhasantosh@[Link]
 TENDER NO: RCC/ERO/38/2024-25/PT-GeM-139

HIRING OF 2(TWO) NOS. OF BRAND NEW MAHINDRA

BOLERO B6 (O) FOR A PERIOD OF 3(THREE) YEARS AT
IOCL GUWHATI TERMINAL, BETKUCHI.

ANNEXURE-4

Terms and Conditions Governing Empanelment of Vehicle Hiring Agencies

1.0 Duration of Contract:-

03 years (three years) with effect from the date of placement of Work Order or 03 years
from the specified date in work order.

The contract can be further extended for a period of Nine Months on mutual consent
basis as per GeM modalities.

To end the Contract prematurely or on account of non-extension of Contract,

Cancellation Flow modalities of GeM Portal shall be utilized.

IOCL reserves the rights to terminate the contract with giving prior notice of 04 months time
to the contractor during tenure of contract. The rate, terms and conditions will remain
same throughout the contract period for three years.

2.0 Original Document Verification: As mentioned in Tender Evaluation Criteria.

3.0 Termination: The Corporation reserves the right to foreclose this contract at any time
before the expiry of the period of the contract by giving the contractor one month’s notice in
writing without assigning any reason whatsoever without any compensation

If the contractor is not willing to continue or in case, due to unavoidable circumstances, if

finalization of fresh contract for the subject works gets delayed, the contractor shall have
to continue work at the same rates, terms and conditions for a further period of four
(04) months or till finalization of new tender, whichever is earlier.

4.0 Escalation Clause For the purpose of escalation, diesel will be considered as a fuel of
vehicles during the period of the contract. As and when there is any increase or decrease in
the retail selling price prices of diesel in Guwahati city, the rates will be increased or
decreased proportionately. The price of fuel (say, HSD) @ Rs. 88.38 (24.06.2024) @
Guwahati city taken during estimate preparation will be considered as base price for
escalation/de-escalation of rate. The decision of the Corporation in this matter will be final.
The formula for increase/decrease of diesel price is as follows:

Escalation in Rs per Km = DIESEL new rate – DIESEL old rate

Average running in Km/Litre

For the purposes of calculation of above, the average running shall be taken as 12 km/litre
unless specified otherwise. The escalation / de-escalation will be not be applicable for
items pertaining to `Extra Hours’ and `Night Charges’ in the Price-Schedule.
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HIRING OF I(ONE) BRAND NEW MAHINDRA BOLERO NEO (VARIANT: N10 R

Page 45 of 89
BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

5.0 Fixtures and facilities: The vehicles shall have all fittings/ fixtures as per the
original vehicle manufacturers. The following additional fixtures and facilities shall be
provided.

 Good Tapestry
 Good quality clean seat cover
 Fire Extinguisher
 First Aid Box
 Vehicle perfume
 Mobile Charger point( Multi point)

6.0 Toll & Parking Charges: The Corporation will be reimbursing actual
parking/Toll/expressway/ bridge charges based on documentary evidence.

7.0 Cancellation of Duty: In case any duty is given to the contractor, and it is cancelled
at the last minutes no payment will be made for cancellation of duty.

8.0 Mobile Phones: The tenderers will provide Mobile phones to its drivers to help officers
in charge / Executives to locate and or give necessary instructions to the drivers. All
expenses for providing mobile, rental and maintenance etc shall be borne by the
contractors.

9.0 Vehicles Hired On Daily Basis: No conditions or counter conditions to above

rate schedule and terms and conditions will be accepted. Daily vehicle when used for
outstation duty and when night is involved; payment for night halt for driver will be
given.

After completion of duty in the morning (i.e. pick up from the airport and dropping at
residence or at office or after pick up from residence and dropping at the airport), the
driver of the daily vehicle must report to vehicle pool in the morning otherwise
proportionate deductions will be made. The daily vehicle must be made available to
Administration Department after dropping the person.

For each vehicle hired, separate log-book containing day wise trip records, duly
recording garage out, reporting, releasing and garage in KM readings, is required to be
maintained. It is the responsibility of the contractor/driver to obtain the necessary
certifications from the user daily before releasing.
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HIRING OF I(ONE) BRAND NEW MAHINDRA BOLERO NEO (VARIANT: N10 R

Page 46 of 89
BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

10.0 Kilometerage: For the designated pick up point and dropping point such as Office
/ Airport/Railway station, the chargeable kilometers from the garage to pick up point
(designated) will be restricted to 10 kms and dropping point (designated) to garage
will be restricted to 10 kms or actual whichever is less. Bidder should specify the
address of the garage in the `Statement of during Office hours.

For the non-designated pick-up point and dropping point i.e. other than Office / Airport /
Railway station, the chargeable kilometers from/to the garage will be as per actual.
11. Responsibility Of Contractor:

11.1 The contractor shall procure the fuel for the deployed vehicles and it is expected that to
the extent possible he may fill the fuel from the nearest IOC retail outlet. Vehicles have to
be cleaned properly every day before reporting and have to be maintained in excellent
roadworthy conditions.

11.2 The daily movement of vehicles for filling fuel and maintenance will be at the cost of the
contractor and shall be from the nearest filling station to avoid delay. Contractor shall
provide spare wheel, proper tools and other equipment required under MV Act with the
vehicle.

11.3 The contractor must ensure daily punctual availability of any vehicle to IOCL. The non-
availability of any vehicle or driver must be intimated to IOCL well in advance and
replacement be provided without failure.

11.4 In case of breakdown of the vehicles, the contractor will be responsible to provide
vehicle of make specified in Tender immediately failing which the Corporation will be
within its right to make alternate arrangement at the risk and cost of the contractor.

11.5 The Corporation shall not have any liability in case of any damage, loss to the vehicles
or accidents to the driver, vehicle or any third party. All liabilities on these accounts shall
be that of the contractors.

11.6 During the contractual period, if the vehicle is seized/detained/impounded by the Police,
Transport Authorities for any reason whatsoever, it will be at the sole risk / responsibility
of the contractor.

11.7 The contractor shall fully comply with all relevant requirements of Labour Laws, rules etc.
concerning the payments and terms and conditions of the employment of employees and
shall indemnify the Corporation from the liability or obligation of such laws, rules etc.

11.8 The vehicle deputed will have comprehensive insurance cover inclusive of passengers.
Corporation shall not be responsible for any damage whatsoever to the vehicle / driver or
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HIRING OF I(ONE) BRAND NEW MAHINDRA BOLERO NEO (VARIANT: N10 R

Page 47 of 89
BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

third party. The contractors shall get Comprehensive insurance Policy for their motor
vehicles from an established Insurance Company and keep such policy in force at all
times to cover all risk of whatsoever in nature inclusive of damage caused by vehicle to
the corporations property. The contractors will produce for the perusal of the Corporation,
the original insurance policy and proof of payments of all insurance premium and charges
in respect thereof as and when demanded by the Corporation.

11.9 The contractor shall ensure the drivers are in possession of valid driving licence, which
should be produced by him as and when demanded by the user or traffic personnel. To
ensure that his driving licence is renewed from time to time will be the sole responsibility
of the contractor.

11.10 The contractor will ensure that the vehicle supplied to the Corporation must have all valid
documents like PUC, Insurance, Registration book, Road Tax payment and other
requirement as per the state law. The above condition will also be applicable for the
vehicles given in replacement due to emergencies / whenever additional vehicles are
supplied as per Corporations needs. On demand, the contractor has to show the original
Registration Book, Insurance Paper, Pollution control certificate, license and other
vehicles related papers and to submit photocopy of the same. The vehicle may have
to go outside the city specified in NIT;in such cases the vehicles shall possess all
relevant permits etc.

11.11 Any person engaged for rendering the services by the Contractor under the contract shall
be the employee of the contractor for all purposes and such working arrangement shall
in no way create or construed to create an employer-employee relationship between such
employees and IOCL and shall have no claim/ right on the Corporation. The contractor will
keep the Corporation and its Officers indemnified against any claim/liability by any such
person.

11.12 The contractors shall also undertake to replace any of their employee(s) who
misbehave(s) with the employee(s) or Officer(s) of IOCL or whose continuance may
hamper the smooth operation of the contract. Indiscipline staff shall have to be replaced
immediately, failing which contractor will be directed to discontinue his services of
vehicles with immediate effect.

11.13 The contractor shall be an independent entity engaged to produce the required results
and shall comply with all laws and regulations applicable in this behalf and shall also keep
the Corporation and its officers indemnified against any breach or default.

11.14 All duties / taxes/ fees / levies / permit charges etc. whatsoever payable in consideration
of the trade or otherwise for or relative thereto shall be at the cost of the contractor.
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Indian Oil Corporation Ltd. will not be liable to meet any such expenses. However,
Indian Oil Corporation Ltd. will reimburse to the contractor the parking charges and toll
taxes or any other charges clearly spell out in the special conditions of the contract, if
any. As per the guideline of Govt. of India, Ministry of Finance, the contractor who are
providing the hired taxi attracts service tax.

11.15 Any serving employee / dependent / direct relative of any employee of Indian Oil
Corporation Ltd. should not own vehicle, which may be offered for hire, partly or fully.

11.16 It will be the responsibility of the contractor/driver that the Duty Slip Format/ log sheet
format given in the tender is duly filled and signed by the user of the vehicle regularly.
Incomplete Duty Slip/log sheet will not be accepted for the payments.

11.17 The above is only indicative but not exhaustive. The tender/contractor/ transporter
shall abide by all terms & condition of the tender including all necessary direction in
relation to the performance of the contract.

i. In case of non-observance of these conditions, the Corporation has the right not to accept
the vehicles for duties and arrange the same from outside at the risk and cost of the
contractor. The Corporation reserves the right of hiring one or more numbers of vehicles
from any other contractors as per our requirements. It will be the responsibility of the
contractor to obtain the necessary permission for the drivers who are entering our
premises with their vehicles as per the current regulation of security for issuance / use of
identity vehicled. Drivers without Identity vehicled will not be allowed entry in office
premises.
ii. The contractor staff is subject to physical checking by the security staff in addition to
security checking of vehicle by the security guard. The contractor’s staff should not loiter
in the premises.

iii. The type of vehicle shall be considered based on the registration book of the vehicles.
Permission will be obtained in writing from the Corporations to include additional vehicles
only after production of RTO books, Insurance policies etc.

13.0 Procedure Of Bookings:

12.1 Authorized officials of the Corporation shall give booking for hire of vehicles on
phone / email messages. A list of Officials with their designations authorized to give
booking shall be handed over the contractors. Payments for vehicles not hired
through duly nominated officer shall not be made under any circumstances.

12.2 Bookings shall be given round the clock. Therefore, contractors must provide one
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BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

duty officer round the clock at his work place to receive our bookings during and
beyond office hours at his cost and expenses. The duty officer shall note all booking
details in a register for prompt service. The duty officer shall note date and time of
booking, name of officer giving booking, time and place of reporting, whom to
report, date, time, flight no., airlines, flight/train detail, telephone numbers,
address etc., to avoid any delay etc.

12.3 The vehicle hiring agency should convey without fail the vehicle details i.e. Vehicler
make &Colour, Vehicle Registration No., Driver’s name and his mobile number to
Transport Section, IOCL and to the user of the vehicle by an SMS or by a telephone
call.

12.4 The driver must carry a placard depicting particulars of the arriving Guest / Officer at
the Airport / Railway Station, etc. The contractors should ensure that there is no
room for complaints from any quarters.

12.5 . In very rare case if the booked vehicle cannot be made available on any day due
to non- availability of driver/vehicle, the Agency should make alternate arrangements
promptly. The Agency should intimate the changes to concerned Department and the
user officer without any loss of time. Hiring of vehicle by the Agency from any other
agencies due to non-availability of the vehicle leads to dual control and hence should
be avoided.
12.6 In case the vehicle (of appropriate make and model) does not report to the
concerned officer at appointed place and time and fail in duty, as and when,
contractors will have to compensate IOCL for an amount equal to the hiring
charges incurred for hiring a vehicle (of similar specifications)from some other
agency in addition to penalty charges.

13.0 Parking of Vehicle: While on duty, parking of Vehicle shall be within Plant
premises.

14.0 Placement And Inspection:

14.1 The Bidder should place the vehicle duly registered in his name/ in his company’s
name along with all original documents for inspection/acceptance at the specified place
prior to its placement on duty with IOCL. No payment for mobilization/demobilization
shall be admissible. The vehicle after acceptance shall not be changed during the
contractual period, except on being defective due to any breakdown or accident, in
which case, the contractor shall provide a substitute vehicle of similar or higher
specifications as per provisions of the Contract. In case the substitute vehicle is likely to
continue for more than 3 days, then Officer-in-charge or his representative of Transport
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Section, IOCL shall be intimated and his approval for continuing substitute Vehicle shall be
obtained.

14.2 The vehicle will be subject to periodical inspection once in three months to ensure
its operational roadworthiness. The decision with regard to acceptance/ rejection of the
vehicle shall remain with the Head of General Administration and it shall be final and
binding on the Contractor. The Contractor shall not be entitled for any extra charges for
placing the Vehicles for inspection at the designated place.

14.3 The Corporation reserves the right to get the Milometer system checked at any
time as surprise check. If Milo Meter system is found tampered, penalty shall be imposed.
In addition, IOCL reserves the right to terminate the contract or impose both.

15.0 Experience And Conduct Of Driver Deployed On Vehicles:

15.1 Bidders shall ensure that driver(s) deployed on the Vehicles is well conversant with
routes/roads in and around city specified in NIT. They should not report for duty
under influence of alcohol or any narcotics. Contractor shall have to withdraw
such Driver’s from IOCL duty who contravene the above mentioned code of conduct.. In
case of failure to withdraw such driver from duty, the Vehicles shall not be accepted
for duty and a l t e r n a t e a r r a n g e m e n t shall be made at your risk and cost.

15.2 Drivers deputed with the vehicles should be of good character/ good health and
antecedents, well behaved and in neatly dressed uniform with shoes. They should be
polite, courteous and service oriented at all times. Misbehaviour of the drivers will be
viewed very seriously and the Corporation reserves the right to order the change of
drivers immediately or imposing penalties it may deem fit in such cases.

15.3 Drivers deputed should have adequate knowledge of Hindi / English/local language.
Drivers should report for duty punctually and be available near the vehicle at the time of
vehicle parking when on duty. Drivers shall not leave the vehicle without specific
permission of the user. Normally permission may not be given for more than 30 minutes
for regular meals and 10 minutes for tea.

15.4 Drivers should maintain proper record in the Duty Slip Format/ log sheet format on
a daily basis and get the same authenticated by the user officer/staff. They should be in
possessions of valid driving license and all required registration certificates.
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15.5 Contractor shall ensure that only skilled crew in driving are deployed on Vehicles and they
observe all rules/precautions related to road safety. The drivers should follow safe driving
Practice and note exceed normal speed limit. The driver should invariably obey and abide
by all the traffic regulations.

15.6 Contractor shall further ensure that the crew deployed on duty after adequate rest to
avoid accident due to fatigue. The driver should not be changed frequently without prior
permission/approval of Officer-in- charge or his representative of Transport Section of
IOCL. Driver should be aware of the importance of Security Passes and consequently of
its losses.

16.7 Driver should be aware of the importance of Security Passes and consequently of its
losses.

15.8 The drivers should display their Driving License prominently on the dash board of the
vehicle as is now mandated for all taxis. D r i v e r s s h o u l d a l w a y s h a v e t h e i r
mobile phone in on mode.

15.9 Contractor shall ensure that driver(s) does not smoke or carry any
inflammable/contraband material in the Vehicles while on IOCL duty. IOCL reserves the
right to terminate the contract and recover the loss caused to IOCL from Contractor due to
any hazard.

15.10 Contractor must own a minimum fleet of vehicles as specified in NIT including requirement
of down time for maintenance/accident.

15.11 Contractors will have to provide Vehicle on demand any time during 24 hours of
the day. The timing of reporting and the time-span of duty shall be decided by the
Officer-in Charge of IOCL Transport Section or his representative and shall be binding on
you. In case of non-compliance of the above on three occasions, the contract
awarded is liable to be terminated with immediate effect and also be delisted from
IOCL Vendor Data Base.

15.12. Vehicles should report for duty on each working day in Transport Section at IOCL or any
other designated location specified by IOCL from time to time. While reporting for duty,
the fuel tank should be at least 3/4th full. In case sufficient fuel is not available, the
vehicles may not be accepted for duty. However, if accepted, kilometer run and time
consumed by the contractor for refueling will be on the contractors’ account.
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16. Penalty Charges:

IOCL reserves the right to impose a fine on account of deficiency of service under this
contract in relation to hiring of vehicle. Broadly, the following fines shall be imposed:

Fine Amount Tender

SL Fine applicable for following incidents/
circumstances (Rs) Clause No
In case the vehicle does not report to the Rs. 500/- per
1 12.6
concerned officer at appointed place and time and incident
failed in duty
2 Downgrading the class of vehicle without permission Rs. 500/- per trip 12.6
Rs 10,000/-
3 If Milometer system is found tampered *Decision of the 14.3
officer in charge in
this regard shall be
final.
In case seat covers are not clean or any of the
4 Rs. 200/- per day 5.0
fixtures/facilities are not provided/ missing
Rs. 500/- per
5 Misbehavior by the driver with any of our employee 15.2
incident
6 Driver is not in proper uniform Rs. 500/- per day 15.2
Driver non-traceable near the parking place/ absent
Rs. 200/- per
7 from the vehicle without permission of the user/ takes 15.3
incident
vehicle for
meals etc.
Rs. 2000/- per
8 incident or as may 15.3
negligence be deemed fit by the
Officer in charge
Delay in replacement of equivalent vehicles in case Rs. 500/- per
9 11.4
of breakdown incident
Rs. 1000/- per
10 Driver not carrying valid Driving License 11.9
incident
Rs. 1000/- per
11 Vehicle reported without valid documents. 11.10
incident

*Penalties shall be adjusted against/ recovered from the running bill / security deposit
money as the case may be. Service tax on such penalty shall be additionally recovered by
IOC from the vendor
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17. Payment To The Contractor:

17.1. Contractor shall submit monthly bills, within 30 days of services rendered by him.
Payments shall be made on the basis of the bills submitted in duplicate along with duty
slips in case of vehicles used on daily basis/ log sheets in case of vehicles used on
monthly basis (as per IOCL format given in tender) duly filled & signed by the user. The
bills should be submitted to the officer in charge. Bill not supported by duty slips/log
sheets complete in the manner prescribed is liable to be rejected. Payment of bills will be
made within 1 month of submission of bills. No interest shall be payable for any delay in
payments of bills. No advance against anticipated hire charges is payable under any
circumstances.

Contractor has to make payments to the drivers as per prevailing rate of wages for
skilled worker in accordance to daily wage component breakup stipulated in the Tender.
This is as per relevant extant policy circular of the corporation.

17.2 No separate payment will be made by IOCL for works covered under scope of work or
pre-requisites for the contract, until and unless specifically mentioned.

17.3 The Contractor is to submit Tax invoice as per relevant format with every bill duly
showing the details of service tax as per Govt. Regulations.

17.4 After Award of Contract, the successful bidder will submit list of vehicles which he will be
deploying during the contract period. The list will be submitted along with the copy of RC
(duly authenticated by designated IOCL Officer) as a proof of age of the vehicle.
However, the bidder will be allowed to get the vehicle(s) list updated after submitting the
RC of such vehicle(s). This vehicle list will be the basis of releasing of payment.

17.5 All the bills will be verified on the basis of trip records i.e. duty slips/ log sheets of the
vehicle. Responsibility to get the duty slips/ log sheets signed shall be that of the driver/
contractor. Contractor is advised to ensure that trip details are recorded correctly in duty
slips/ log sheets. Contractor shall be solely responsible if it is found later that the trips
recorded were falsified or figures were incorrectly entered in the duty slips/ log sheets.
Such act will be viewed seriously and warning letter will be issued once and incase the
practice is continued then contractor will be liable to be delisted from IOCL Vendor data
base without any further notice.

17.6 Besides, the contractor shall also get endorsed a certificate on their bill in respect of each
hired vehicle in the following manner from the concerned Chief Manager/Head of Section
concerned.
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"Certified that all the journeys entered in the duty slips/ log sheets of this vehicle have
been fully verified and checked and the same found to have been performed in the
interest of IOCL's bonafide work."

17.7 The bidders to note that the list of vehicles submitted initially at the beginning of contract
period can be used without change during the original contract period and its extensions if
any. However, if the vehicles are required to be changed due to any reason whatsoever
during the original contract period or its extensions, if any , the replacement vehicles
should not be more than 2 years old (as per RC book) at the time of their induction.
17.8 The contractors should be registered with the Central Excise Department. The
agencies are required to take registration and obtain 15 digits Service Tax Code Number
and issue invoices / Challans / bills. These documents should be serially numbered, and it
should contain the name and address of service provider, service receiver, description of
service, value of service and service tax payable thereon.

17.9 The contractors shall indemnify IOCL for any loss, damage and legal actions and
cost/compensation/charges/fines/claims owing to violation of any traffic rules accident or
any other eventuality.

17.10. Vehicles should report for duty on each working day in Transport Section at IOCL or any
other designated location specified by IOCL from time to time. While reporting for duty,
the fuel tank should be at least 3/4th full. In case sufficient fuel is not available, the
vehicles may not be accepted for duty. However, if accepted, kilometer run and time
consumed by the contractor for re fuelling will be on the contractors’ account.
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ANNEXURE 5

SCOPE OF WORK

1. The Scope of work includes hiring of brand new Mahindra Bolero NEO (Variant: N10 R
BS6.2) Diesel for official use at Digboi Terminal. The vehicle should be available at
night hours inside the Terminal for meeting any emergency duty.

2. The vehicle will be required for duty hour (including holidays & Sundays) as per the
tender agreement. Tenderer will be solely responsible for ensuring availability of
vehicle for official jobs which shall be intimated at the time of placing of LOI to the
successful tenderer. In case the Tenderer failed to provide the vehicle in stipulated
pick-up time / dropping time, the concerned IOCL employee will be authorized to hire
alternative mode of transport to reach / leave the office in time. The cost of hiring of
alternative mode of transport, individually or collectively shall be recovered from the
contractor’s bill.

3. On requirement, the vehicles will be utilized for visiting different Govt offices, statutory
purposes, different official purposes and bank lodgement duty, Airport & Rail station
pick up and drop etc.

4. Log Book to be maintained & countersigned by the concerned officer at the end of
every trip daily.

5. The Contractor shall provide proper dress of cotton cloth (two times in a year) &
leather shoe (one pair in a year) to the drivers. Cost of these items have been
considered in estimate.

6. The Contractor will have to produce the vehicle with driver before the Terminal In-
charge at least three days ahead of actual placement of the vehicle in the Corporation
service. Corporation will then arrange inspection of the vehicle.

7. The Contractor will place the vehicle within 15 days or earlier as advised in the contract
award letter. In case the contractor fails to provide the vehicle within a period of 15
days, a grace period of another 15 days may be given, if the contractor can satisfy that
due progress has been made towards placement of the vehicle

8. The contractor shall maintain regular and efficient service to the satisfaction of
department / staff authorized by the Corporation where the vehicle will be attached.

9. The drivers provided by the contractor must possess (a) valid driving license required
to drive the commercial category vehicle, (b) must be obedient and well behaved
during duty and must not be under influence of intoxication of any kind, and while
driving. The drivers must not smoke or chew pan/ betel nuts and (c) wear a properly
washed and ironed light grey colored uniform ( both pant and shirt ) with black leather
shoes.
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10. The vehicle will be operated by the drivers at permissible speed limit. Act like over
speeding, Racing are to be avoided strictly

11. In case the contractor’s driver is not available, the Corporation reserves the right to
operate the vehicle with the Corporation hired driver having requisite valid license. In
that case the contractor will allow driving of the vehicle by such driver as may be
decided by the Corporation and the contractor will arrange payment of wages to the
driver.

12. The contractor shall ensure that all statutory documents such as Registration book,
Insurance, Pollution Control certificate, Fitness certificate etc. are retained in the
vehicle all the time as required under Motor Vehicle Act. Vehicle must bear registration
used for commercial purposes. The contractor must provide fire extinguishers and an
equipped First Aid Box, failing which the vehicle will not be accepted.

13. The contractor shall place the vehicle registered in his own name and payment of all
statutory dues whatsoever shall be kept up-to-date throughout the contractual period.
Vehicle registered in the name other than the contractor will not be accepted.

14. The contractor shall place the vehicle registered in his own name and payment of all
statutory dues whatsoever shall be kept up-to-date throughout the contractual period.
Vehicle registered in the name other than the contractor will not be accepted

15. The contractor shall arrange for comprehensive insurance of the vehicle, to be
maintained throughout the contractual period and exempt the Corporation from any
compensation whatsoever claimed by any party arising out of damage or accident
caused by the vehicle.

16. The contractor shall provide the service as mentioned and everything else necessary
for the day-to-day efficiency and adequacy of service. This includes supervision, labour,
etc. spare parts, tools, sundry equipment, accommodation for drivers and vehicle and
shall be responsible for all formalities regarding taxes, permits, insurance etc.

17. During the period of the contract, the contractor shall not withdraw the vehicle from
services for any reason except in connection with repair without the specific written
consent of Terminal In-charge. In such cases a good conditioned suitable relief vehicle
with valid Govt. documents must be placed in service within two hours as substitute.

18. Terminal In-charge or any other person authorised for the purpose shall have the
power to call the vehicle for inspection at the Corporation’s Motor Garage or any place
on any day and the contractor must place the vehicle for inspection accordingly. Any
defect observed during such inspections would be intimated to the contractor and the
contractor would be given reasonable period of time to repair the defects and produce
the vehicle for re-inspection. On the recommendation of Motor Garage, Terminal In-
charge shall permit deployment of the vehicle for Corporation’s duty.
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19. The contractor shall place a relief vehicle in the department during the period of
inspection or in the event of withdrawal of the same for repair as per clause 21
mentioned below, failing which the period will be recorded as absent from duty.

20. Permission granted by the Corporation after such periodic inspection will become null
and void in case the vehicle meets with an accident.

21. The rates quoted by the Contractor shall include for payment of wages equal to or
higher than the minimum wages as per Ministry of Labour and Employment (central) to
the driver and all incidental and contingent operations which although not specifically
mentioned in this contract but necessary for its performance in a satisfactory manner
and all applicable taxes & duties to the service.
The wages being paid to the drivers shall be revised along with any revision in the
wage structure as per the central minimum wages. However, no additional re-
imbursement shall be made to the successful tenderer for any future increase of wages
as same has already been considered in the estimate.

22. In case vehicle remains absent from duty due to breakdown or any reason whatsoever,
the contractor shall be required to provide a replacement vehicle within 2 hours from
the time of such absence. In case the contractor fails to provide relief vehicle, as
aforesaid, the Corporation will deduct proportionate monthly fixed charge from the
contractor till the vehicle is placed on duty, which will be counted from the time of
absence of the vehicle. Also a liquidated damage will be imposed on pro-rata basis in
case the Corporation provides the vehicle and the entire cost of such relief vehicle will
be recovered from the contractor’s bill.

23. The contractor shall keep among other things, the kilometre recorder of the vehicle in
perfect working condition all the time. Any defect of the kilometre recorder will have to
be repaired immediately by the contractor. Distance run in Kilometres, if any, during
the period will be recorded on approximation / assumption. Similarly, all the tyres
including that of the spare wheel and the battery shall be in good running condition.

24. Terminal In-Charge or any other member authorised for the purpose shall have the
power to check the functioning of the kilometre recorder over a distance not exceeding
five kilometres.

25. The Contractor must ensure that the persons not authorised by the Corporation are not
carried in the vehicle. In case they are detected carrying persons not authorised by
Corporation, the journey involved will be considered, as unauthorized journey and no
payment will be admissible for this journey, in addition to other action as may be taken
by the Terminal In-charge

26. The contractor shall provide fuel, lubricant, spare parts, spare wheel etc. to the full
satisfaction of the Corporation.

27. The contractor will strictly ensure that the drivers engaged on duty are paid wages in
time (on or before 7th of the following month). Payment to be made through e-mode
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of payment only. Proof of e-payment of wages to the drivers should be produced along
with the monthly running bill for release of payments to the Contractor.

28. The Corporation shall make final payment for the services rendered in each calendar
month on the basis of accepted rates as specified in BOQ. Income tax etc. shall be
deducted at source on final bill and GST, ESI, PF etc. dues to be deposited by the
contractor to the respective authorities.

29. The contractor shall make arrangement by himself or by his representative to keep
contact everyday with Terminal In-charge or other staff of his office for any necessary
instructions involving the contract.

30. Terminal In-charge or his authorised representatives shall have power to :-

a. Ask the contractor to remove immediately any cause of unsatisfactory performance of
the vehicle.
b. Ask the contractor to replace, by more suitable hands, any driver / other persons
engaged for keeping the vehicle running as and when such person is found
unsuitable for rendering efficient service to the Corporation.
c. Give the contractor such further instructions from time to time as shall be necessary
for proper and adequate service and for maintaining such records as deemed
necessary by the Corporation and the contractor shall carry out the same. Terminal
In-Charge's decision in this respect shall be final and obligatory on the contractor.

The vehicle will be fitted with seat belt, proper cotton seat covers etc.

30.0 MEASUREMENTS
All works shall be measured and final payment shall be as per the measured quantities
(Running Kilometers) and not as per work order quantities.

31.0 MAINTENANCE OF LOG BOOK

The contractor will maintain a log book containing trip and KM details which is to be duly
signed by an authorized officer of the plant. KM charges will be paid only as per the log
book.

32.0 SUBMISSION OF BILLS

The bills will be submitted in Corporation’s measurement/ bills Performa only.
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The main scopes of work are as follows but not limited to

Qty for Total amount

Sl Rate
Parameter Job Description 3(three) Unit for 3(three)
No (INR)
years years (INR)
PART- A: NON-QUOTABLE

Cost includes the monthly

salary & wages of 6 Nos.
Non-
skilled drivers with applicable
Quotable
1 statutory payments such as 36 Month 197588.03 7113169.08
(Fixed Cost
PF, ESI, Bonus, leaves, etc. as
components)
per applicable rules in force for
skilled category of workman.

Total Non-quotable 71,13,169.08

PART - B: QUOTABLE

Monthly fixed cost for Supply &

Plying of Two nos. Brand new
Mahindra Bolero B6 (O) at
IOCL Guwahati Terminal,
Betkuchi on hire basis for
Official Purposes to be
registered as Commercial.
Item includes the cost of
following- A) Depreciation
Price of Vehicle, Insurance,
Road Tax, Registration and
Permit Charges, Cost of
Quotable
consumable replaceable items
2 (Fixed Cost 36 Month 79022.526 2844810.93
like Battery, Tyres, Filter, Cost
component)
for Repair, Maintenance &
Servicing of Vehicle and all
other associated charges and
services required for smooth
running of vehicle. (B ) PPEs
cost includes 2 (two) sets of
good quality full sleeved formal
cotton shirt and trouser as
Uniform and 1 (one) set of
good quality Leather shoe per
driver per year. (C) Contrator
margin.
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Cost includes price of Fuel,

Lube Oil, Coolant &
Maintenance, etc. Payable
Quotable shall be made as per actual
(Running KM run as certified by IOC
3 360000 KM 7.718333 2778599.88
Cost Officer. Driver shall maintain
component) the daily log with detailed
breakup of the KM Run and
places visited duly certified by
IOC Officer
Total Quotable 5623410.81

TOTAL COST (Non-Quotable + Quotable) FOR 3 YEARS WITHOUT GST 12736579.89

GST @ 5% 636828.99
GRAND TOTAL INCLUDING GST (Rounded off) 1,33,73,409.00

PREAMBLE TO SCHEDULE OF RATES: -

1. Bidders shall quote their amount including GST against the SOR items.
2. Bidders are advised to go through the tender document and Schedule of rates
carefully and note that the schedule of rates is inclusive of two parts i.e. NON-
QUOTABLE (Fixed) items and Quotable (Variable).
3. The amount quoted over & above NON-QUOTABLE (Fixed) part of the
Schedule of rates, which is the minimum floor price as per GeM portal,
shall be considered as quoted price by the bidders for quotable part of
the Schedule of rates.
4. The quoted amount of the bidder shall be compared with the total estimated cost
of the tender (For quotable part only) and percentage above/below/at Par with
respect to estimated cost of the tender shall be worked out accordingly. The above
calculated percentage shall be applicable on all the SOR items of the tender for
payment and creation of PO by IOCL.
5. The schedule of rates should be read with all other sections of this tender.
6. The tenderers shall be deemed to have studied the items, specifications, and
details of work to be done within the time schedule attached and to have
acquainted himself with the conditions prevailing at site.

NON-QUOTABLE (Fixed) PART INCLUDING GST - ₹ 74,68,827.84

QUOTABLE PART (Variable) INCLUDING GST- ₹ 59,04,581.04

Note: - Bidders are advised not to quote here failing which it may lead to rejection of
bidder’s bid. Bidders are advised to quote in designated place of the subject GeM
tender.
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ANNEXURE A

STATEMENT OF CREDENTIAL

1 Name of the Firm

2 Address of the Firm
a E-Mail
b Phone number
3 Type of firm
A Proprietor/ Partners/ Directors
B Purchase Preference opted
C Class of Supplier (Class-I OR Class-II)
D MSE Registration No.
4.1 Execution of Similar Work-I
A WO Ref No & date
Contact No./ e-mail Id. of WO issuing
authority

B Name of work

C Value of Work order, Rs. In lakh

D Completion value, Rs. In lakh
E Completion date
F Completion Certificate Ref.
CA Certificate and Bank Statement/
G
TDS Certificate (if applicable)
4.2 Execution of Similar Work-II
A WO Ref No & date
Contact No./ e-mail Id. of WO issuing
authority

B Name of work

C Value of Work order, Rs. In lakh

D Completion value, Rs. In lakh
E Completion date
F Completion Certificate Ref.
CA Certificate and Bank Statement/
G
TDS Certificate (if applicable)
4.3 Execution of Similar Work-III
A WO Ref No & date
Contact No./ e-mail Id. of WO issuing
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authority

B Name of work

C Value of Work order, Rs. In lakh

D Completion value, Rs. In lakh
E Completion date
F Completion Certificate Ref.
CA Certificate and Bank Statement/
G
TDS Certificate (if applicable)
2020-
Annual Turnover PQC 2021-22 2022-23 2023-24
21

5 Turnover in Rs. Lacs.

UDIN

6 Other Details
A Certificate of Incorporation
B Power of Attorney Holder
C PAN Card
D GST Registration Certificate
E PF/ ESIC Registration Certificate

7 Remarks

Signature and seal of authorized signatory of bidder:

Name of authorized signatory:

Date:
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ANNEXURE B

PROFORMA OF DECLARATIONS TO BE FURNISHED BY THE TENDERERS

D E C L A R A T I O N - `A'

We declare that we have complied with all the conditions of the tender including technical
specifications, drawings, GCC & all the documents etc., forming part of tender.

Date: Tenderer’s
Place: Signature & Seal

D E C L A R A T I O N - `B'

We declare that we do not have any employee who is related to any officer of the
Corporation/ Central/ State Governments of India.

OR

We have the following employees working with us who are near relatives of the Officer/
Director of the Corporation/ Central/ State Government in India.

Name of the employee of the Tenderer Name & designation of the Officer of the
Corporation/ Central/ State Governments

Date: Tenderer’s
Place: Signature & Seal
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D E C L A R A T I O N - `C'

The Tenderer is required to state whether he is a relative of any Director of Indian Oil
Corporation or the Tenderer is a firm in which any Director of our Corporation or his relative
is a partner or any other partners of such a firm or alternately the Tenderer is a private
company in which Director of Indian Oil Corporation is a member or Director.

S/N PARTICULARS DETAILS

1 Name of the Tenderer and his relations

with the Director in our Corporation.
2 Name of the Director of the Corporation
who is related to
the Tenderer.
3 Name of the Director of the Corporation
who is a member or a Director of the
firm.

Date: Tenderer’s
Place: Signature &
Seal

DECLARATION – ‘D’

Tenderer is required to state whether they have employed any retired Director and above
rank officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be
submitted.

S/N PARTICULARS DETAILS

1 Name of the person

2 Post last held in IOC
3 Date of retirement
4 Date of employment in the firm

Date: Tenderer’s
Place: Signature & Seal

Note:
a. A separate sheet may be attached, if the above is not sufficient.
b. Strike out whichever is not applicable. If the tenderer employs any person subsequent to
signing the above declaration and the employee/s so appointed happens to be the near
relatives of the Officer/Director of the Corporation/Central/State Governments, the
tenderer should submit another declaration furnishing the name/s of such employee/s who
is/are related to the officer/s of the Corporation/ Central/ State Governments.
c. List of Directors of IOC Board is attached.
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ANNEXURE C

LIST OF DIRECTORS OF INDIAN OIL CORPORATION LIMITED

List of Board of Directors will be available in the link given below:

[Link]

Bidders should give the Declaration “A” “B” “C” & “D” based on the list of Board of
Directors mentioned as per the link.

LIST OF RELATIVES

A person shall be deemed to be a relative of another, if any and only if,

i) He / She / They are members of Hindu Undivided family or
ii) He / She / They are Husband and Wife or
iii) The one is related to the other in the manner indicated below :

1. Father
2. Mother (including Step Mother)
3. Son (including Step Son)
4. Son’s wife
5. Daughter (including Step daughter)
6. Father’s father
7. Father’s mother
8. Mother’s mother
9. Mother’s Father
10. Son’s son
11. Son’s wife
12. Grand-Daughter
13. Grand-Daughter’s Husband
14. Daughter’s Husband
15. Daughter’s Son
16. Daughter’s Son’s Wife
17. Grand-Daughter
18. Grand-Daughter’s Husband
19. Brother (including Step Brother)
20. Brother’s wife
21. Sister (including Step Sister)
22. Sister’s Husband
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ANNEXURE D

PERFORMA OF DECLARATION OF BLACK LISTING / HOLIDAY LISTING

(To be submitted on letter head)

In the case of a Proprietary Concern:

I hereby declare that neither I, in my personal name nor in the name of my Proprietary
concern, M/s. __________________ which is submitting the accompanying Bid/ Tender
nor any other concern in which I am proprietor nor any partnership firm in which I am
involved as a Partner are presently on any Black List or Holiday List declared by Indian Oil
Corporation Ltd. or by Ministry of Petroleum and Natural Gas (MOPNG), nor any inquiry is
pending by Indian Oil Corporation Limited or MOPNG, in respect of any corrupt or
fraudulent practice(s) against me or any other of my proprietorship concern(s) or against
any partnership firm(s) in which I am or was at the relevant time involved as a partner,
except as indicated below:

(Here give particulars of blacklisting or holiday listing, and/or inquiry and in

absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my/ our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including black listing or holiday listing) available to Indian Oil Corporation
Limited.

In the case of a Partnership Firm:

We hereby declare that neither we, M/s. ________________________, which is

submitting the accompanying Bid / Tender, nor any partner involved in the said firm
either in his individual capacity or as proprietor or partner of any other firm or concern
presently, are placed on any blacklist or holiday list declared by Indian Oil Corporation
Ltd. or by Ministry of Petroleum and Natural Gas (MOPNG), nor any inquiry is pending by
Indian Oil Corporation Ltd. or MOPNG, in respect of corrupt or fraudulent practice (s)
against us or any partner or any other concern or firm of which he is a proprietor or
partner, except as indicated below:

(Here give particulars of blacklisting or holiday listing and/or inquiry and in the
absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my/ our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
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remedy (including black listing or holiday listing) available to Indian Oil Corporation
Limited.

In the case of Company:

We hereby declare that we are presently neither placed on any holiday list or blacklist list
declared by Indian Oil Corporation Ltd. or by Ministry of Petroleum and Natural Gas
(MOPNG), nor any inquiry is pending by Indian Oil Corporation Ltd. or MOPNG, in respect
of corrupt or fraudulent practice(s), except as indicated below:

(Here give particulars of blacklisting or holiday listing and / or inquiry and in

the absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my/ our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including black listing or holiday listing) available to Indian Oil Corporation
Limited.

In the case of Consortium:

We hereby declare that none of the members of the Consortium are presently placed on
any holiday list or blacklist list declared by Indian Oil Corporation Ltd. or by Ministry of
Petroleum and Natural Gas (MOPNG), nor any inquiry is pending by Indian Oil Corporation
Ltd. or MOPNG, in respect of corrupt or fraudulent practice(s), except as indicated below:

(Here give particulars of blacklisting or holiday listing and / or inquiry and in

the absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my/ our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including black listing or holiday listing) available to Indian Oil Corporation
Limited.

Place:

Date:

Signature:

Name of Person signing:

Tenderer's Name and address with seal:

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ANNEXURE E

PROFORMA OF TENDER NOT TAMPERED

(TO BE SUBMITTED ON LETTER HEAD OF THE BIDDER DULY SIGNED)

Note: Copy to be uploaded along with tender and original to be submitted during
documents verification.

Subject: Tender No: RCC/ERO/38/2024-25/PT-GeM-139

I/We _________________________________________________ (Name of Bidder),

hereby declare that:

• I/We have not tampered or modified the subject tender document in any manner
and before uploading, same has been cross-checked with documents hosted on your e-
portal [Link] In case, if same is found to be tampered/modified, I/We
understand that my/our tender will be summarily rejected and EMD/SD may be forfeited
and I am/We are liable to be banned from doing business with and/or prosecuted.

• I/We, hereby confirm that if any discrepancy observed in the submitted tender
even at a future date, I/We will abide by all the terms and conditions as per all the
documents hosted including Addendums/Changes/Corrigendum, on your e-portal related
with subject tender. I/We further assure that we agree to all the decisions confirmed in
Pre-Bid Conference of the subject tender.

Tenderer's Signature & Seal

Date:
Place:
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ANNEXURE F

PAYMENT TO VENDORS THROUGH ELECTRONIC MODE (To be submitted

during award of Work order)

Payment system to Vendors through Electronic Modes such as EFT, RTGS etc has been introduced
by the Corporation. For availing this facility, a consent letter from the Vendor as also the Bank
Account details of the Vendor is required.

Tenderers are requested to submit their Consent Letter as per the format given below along with
the enclosures as required:-
Dated :
To ,
M/s Indian Oil Corporation Ltd.
Address

Dear Sir ,
With reference to your advise, we hereby agree to accept the payment of our bills through
“RTGS/NEFT/Electronic Mode” .
The desired bank account details are given below :
1. Vendor Code allotted by IOCL in SAP
2. Name of Beneficiary (i.e IOCL Vendor )
3. Name of the Beneficiary’s Bank

4. Address of the Beneficiary’s Bank Branch

5. Contact details of Branch with STD Code
6. Beneficiary’s Bank Account No. ( as per cheque copy
)
7. Beneficiary’s Account Type (SB/CC/CA)
8. Beneficiary’s Bank IFSC Code ( 11 Digit)
9. Mobile No of Beneficiary (One Number only)
10. E-Mail Id of Beneficiary (One Mail Id only)

A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the
accuracy of the bank account details.
I hereby declare that the particulars given above are correct and complete. I agree to receive
transactional SMS / E-Mail Alerts from IOCL with regard to my bill payments.

( Signature of Account Holder )

Seal of the Vendor
Encl : Cancelled Cheque
**** We hereby confirm that the above bank account details of beneficiary are correct in all
respects and the account of Beneficiary (IOCL vendor) is maintained at our bank branch.

(Name of Bank & Branch)

Authorized Signatory
**** Verification required only in case vendors name is not printed/appearing on the
cancelled cheque leaf being submitted to IOCL office
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ANNEXURE G

UNDERTAKING BY THE TENDERER(S)

(To be submitted on letter head)

Name of Work: __________________________________

GeM Tender No: RCC/ERO/38/2024-25/PT-GeM-139

We confirm that we have quoted the rates in the tender considering Inter-alia the

1. Tender Document(s) (GeM Bid Document)

2. Additional Document(s) (if any)
3. BOQ Document (Price Bid Format) (if any)
4. Corrigendum (if any)
5. Specifications of the Item
6. GeM Terms and Conditions

We ________________________________________________________ (Name of the

Tenderer) hereby certify that we have fully read and thoroughly understood the tender
requirements and accept all terms and conditions of the tender including all
corrigendum/addendum issued, if any. Our offer is in confirmation to all the terms and
conditions of the tender including all corrigendum/addendum. In the event our offer is
found acceptable and contract is awarded to us, the complete tender document shall be
considered for constitution of Contract Agreement.

SIGNED FOR AND ON BEHALF OF TENDERER(S)

Name of Tenderer(s)

Date: _ _/_ _/_ _ _ _

Place:

Seal & Signature of Tenderer:

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ANNEXURE H

INDEMNITY BOND UNDERTAKING FOR GST

(Required in case of non-availability of GST number)

(This undertaking shall be submitted on stamp paper of Rs. 100/-)

We hereby confirm that we have submitted our response to the above mentioned tender.

We hereby mention that we do not have GST registration under State Govt. of Assam as
on date of submission of our response to the subject tender.

We hereby confirm that we shall obtain GST registration from Govt. of Assam as per
applicable statutory rules in case of award of works by Indian Oil Corporation Limited
within 6 weeks from the date of receipt of Work Order.

We also hereby confirm that we shall submit our bills for payment only after submitting
necessary documentary proof towards GST registration issued by Govt. of Assam.

Signature:

Name & Address Seal:

Date:
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ANNEXURE - I

UNDERTAKING FOR NON·ENGAGEMENT OF CHILD LABOUR

(To be submitted by the successful bidder prior to placement of Work
Order)

I/ We hereby declare that:

a) We are committed to elimination of child labour in all its forms.

b) We are not engaging Child Labour in any of our work(s) in terms of the provisions of The Child
Labour (Prohibition and Regulation) Act, 1986 and other applicable laws.

c) We undertake to fully comply with provisions of The Child Labour (Prohibition and Regulation)
Act, 1986 and other applicable labour laws, in case the work is awarded to us.

d) It is understood that if I/We, either before award or during execution of Contract, commit a
transgression through a violation of Article b /c above or in any other form, such as to put my/our
reliability or credibility in question, the Owner is entitled to disqualify us from the Tender process or
terminate the Contract, if already executed or exclude me / us from future contract award
processes. The imposition and duration of the exclusion will be determined by the severity of
transgression and determined by the Owner. Such exclusion may be for a period of 1 year to 3
years as per the procedure prescribed in the guidelines for holiday listing of the Owner.

e) I/We accept and undertake to respect and uphold the Owner's absolute right to resort to and
impose such exclusion.

Place:

Date:

Signature of Bidder:

Name of Signatory :
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ANNEXURE-J

DECLARATION

(On acceptance of tender, this undertaking shall be submitted on stamp paper of Rs. 100/-)

Sub. : Contract/Work Order No.......................................... Dated..………...............

(On acceptance of tender, this undertaking shall be submitted on stamp paper of
appropriate value)
Sub. : Contract/Work Order No.......................................... Dated..………............
1. We shall
a. Deploy trained and competent employees who are physically fit and are not suffering
from any chronic or contagious diseases.
b. Be responsible for and arrange and bear costs of such equipment, cleaning materials,
uniforms and other paraphernalia necessary to render effectively the service required
by the Corporation.
c. Be responsible and liable for payment of salaries, wages and other legal dues of our
employees for the purpose of rendering the services required by the Corporation under
the above contract and shall maintain proper books of account, records and documents.
We shall however as the employer, have the exclusive right to terminate the services of
any of our employees and to substitute any person instead.
d. Comply in all respects with the provisions of all statues, rules and regulations applicable
to us and/ or to our employees and in particular we shall obtain the requisite licence
under the Contract Labour (Regulation and abolition) Act 1970 and the rules made
thereunder.
e. Ensure that our employees while on the premises of the Corporation or while carrying
out their obligations under the contract, observe the standards of cleanliness, decorum,
safety and general discipline laid down by the Corporation or its authorized agents and
the Corporation shall be the sole judge as to whether or not we and/or our employees
have observed the same.
f. Personally and exclusively employ sufficient supervisory personnel exclusively to
supervise the work of our employees so as to ensure that the services rendered under
this contract are carried out to the satisfaction of the Corporation.
g. Ensure that our employees will not enter or remain on the Corporation’s premises
unless absolutely necessary for fulfilling our obligations under the contract.
h. Not do or suffer to be done in or around the premises of the Corporation anything
whatsoever which in the opinion of the Corporation may be or become a nuisance or
annoyance or danger or which may adversely affect the property, reputation or interest
of the Corporation.
i. Not do so suffer to be done in or about the premises of the Corporation any thing
whereby any policy of insurance taken out by the Corporation against loss or damage
by fire or otherwise may become void or voidable.
j. Be liable for and make good any damage caused to the Corporation’s properties or
premises or any part thereof or to any fixtures or fittings thereof or therein by any act,
omission, default or negligence on our part or on the part of our employees or our
agents.
k. Indemnify and keep indemnified the Corporation, its officers and employees from and
against all claims, demands, actions, suits and proceedings, whatsoever that may be
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brought or made against the Corporation by or on behalf of any person, body, authority
and whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges
and expenses and all other liabilities of whatsoever nature which the Corporation may
now or hereinafter be liable to pay, incur or sustain by virtue of or as a result of the
performance or non-performance or observance or non-observance by us of the terms
and conditions of the contract. Without prejudice to the Corporation’s other rights, the
Corporation will be entitled to deduct from any compensation or other dues to us, the
amount payable by the Corporation as a consequence of any such claims, demands,
costs, responsible for death, injury or accidents to our employees which may arise out
of or in the course of their duties on or about the Corporation’s property is made liable
to pay any damages or compensation in respect of such employees, we hereby agree to
pay to Corporation such damages or compensation upon demand. The Corporation shall
also not be responsible or liable for any theft, loss, damages or destruction of any
property that belongs to us or our employees lying in the Corporation’s premises from
any cause whatsoever.
2. It is hereby declared that we are, for the purpose of this contract independent
contractors and all persons employed or engaged by us in connection with our
obligations under the contract shall be our employees and not of the Corporation.
3. On the expiration of the contract or any earlier termination thereof, we shall forthwith
remove our employees who are on the Corporation’s premises or any part thereof
failing which, our employees, agents, servants etc. shall be deemed to be trespassers
and on their failure to leave the Corporation’s premises, the Corporation shall be
entitled to remove all persons concerned (if necessary by use of force) from the
Corporation’s premises and also to prevent them (if necessary by use of force) from
entering upon the Corporation’s premises.
4. We hereby undertake and declare that, in the event the workmen/employees/ person
engaged by us (“the Contractors’ employees”) to carry out the purpose hereof, attempt
to claim employment with the Corporation or attempt to be declared as employees of
the Corporation or attempt to become so placed, then in all such cases, we shall assist
the Corporation in defending all such attempts of the Contractor’s employees AND we
shall bear and pay solely and absolutely all costs, charges and expenses including legal
charges incurred or which may be incurred in defending all such attempt and in any
appeal or appeals filed by the Corporation therein or relating thereto AND we hereby
indemnify for ever the Corporation against all such costs, charges and expenses
including legal charges and against all and any loss, expenses or damages, whether
recurring or not, financial or otherwise, caused to or incurred by the Corporation, as a
result of such attempt by the Contractors’ employees.
5. It is hereby agreed that the Corporation shall be entitled to set off any debt or sum
payable by us either directly or as a result of vicarious liability to the Corporation
against any money payable or due from the Corporation to us against any money lying
or remaining with the Corporation and belonging to us or any our partners or directors.

Contractor’s Signature or Authorized Attorney

To be witnessed by Notary
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ANNEXURE-K

BANK GUARANTEE PROFORMA IN LIEU OF SECURITY DEPOSIT

(to be executed on Stamp paper of Rs. 100/-)

1. In consideration of the Indian Oil Corporation Limited having its Registered Office at
_________________ (hereinafter called “The Corporation”) having agreed to exempt
________ (hereinafter called “The said Contractor(s) / Supplier(s) / -Seller(s)”) from
the demand under the terms and conditions of an Agreement dated _______ made
between ________ and ___________ for ____________ (hereinafter called “The said
Agreement”), of Security Deposit for the due fulfillment by the said Contractor(s) /
Supplier(s) / - Seller(s) of the terms and conditions contained in the said Agreement,
on production of a Bank Guarantee for Rs. _______ (Rupees _________ only), we
___________ (hereinafter referred to as “The Bank” at the request of ___________
Contractor(s) /Supplier(s) / - Seller(s) do hereby undertake to pay to the Corporation
an amount not exceeding Rs. ____________ against any loss or damage caused to or
suffered or would be caused to or suffered by the Corporation by reason of any
breach by the said Contractor(s) /Supplier(s) / - Seller(s), of any of the terms or
conditions contained in the said Agreement.

2. We __________ ( indicate the name of the bank) do hereby undertake to pay the
amounts due and payable under this guarantee without any demur, merely on a
demand from the Corporation stating that the amount claimed is due by way of loss or
damage caused to or would be caused to or suffered by the Corporation by reason of
breach by the said Contractor(s) / Supplier(s) / - Seller(s) of any of the terms or
conditions contained in the said Agreement or by reason of the Contractor(s) /
Supplier(s) ‘ failure to perform the said Agreement. Any such demand made on the
bank shall be conclusive as regards the amount due and payable by the bank under
this guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs._________

3. we undertake to pay to the Corporation any money so demanded notwithstanding any

dispute or disputes raised by the Contractor(s) / Supplier(s) / - Seller(s) in any suit or
proceeding pending before any court or Tribunal or Arbitrator relating thereto our
liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability
for payment there under and the Contractor(s) / Supplier(s) / - Seller(s) shall have no
claim against us for making such payment.

4. we, ____________ further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the
said Agreement and that it shall continue to be enforceable till all the dues of the
Corporation under or by virtue of the said agreement have been fully paid and its
claims satisfied or discharged or till ___________ office / department at
_____________ certifies that the terms and conditions of the said agreement have
been fully and properly carried out by the said Contractor(s) / Supplier(s) / - Seller(s)
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YEARS.

and accordingly discharge this guarantee. Unless a demand or claim under this
guarantee is made on us in writing on or before _______ we shall be discharged from
all liability under this guarantee thereafter.

5. We, __________(indicate the name of Bank) further agree with the corporation that
the corporation shall have the fullest liberty without our consent and without affecting
in any manner our obligations hereunder to vary any of the terms and conditions of
the said agreement or to extend time of performance by the said Contractor(s) /
Supplier(s) / - Seller(s) from time to time or to postpone for any time or from time to
time any of the powers exercisable by the corporation against the said Contractor(s) /
Supplier(s) / - Seller(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and shall not be relieved from our liability by reason of
any such variation or extension being granted to the said Contractor(s) / Supplier(s) /
- Seller(s) or forbearance, act or omission on the part of the corporation or any
indulgence by the corporation to the said Contractor(s) / Supplier(s) / - Seller(s) or by
any such matter or thing whatsoever which under the law relating to sureties would,
but for this provisions have affect of so relieving us.

6. This guarantee will not be discharged due to change in the constitution of the Bank or
the Contractor(s) / Supplier(s) / - Seller(s).

7. We, __________(indicate the name of Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the corporation in
writing.

Dated the _______day of ______

20__
For ___________________________
(indicate the name of Bank)

PLACE….
DATE……
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YEARS.

ANNEXURE- L

FORM OF CONTRACT

(This shall be submitted on stamp paper of Rs. 100/-)

(To be executed on award of the work)

THIS CONTRACT made at Guwahati this ___________ day of ____________ 201 BETWEEN
INDIAN OIL CORPORATION LTD., a Government of India Undertaking registered in India
under the Indian Companies Act 1956, having its registered office at G-9, Ali Yavar Jung Marg,
Bandra (East), Bombay- 400 051 and the Headquarters at G-9, Ali Yavar Jung Marg, Bandra
(East), Bombay- 400 051 Mumbai (hereinafter referred to as the "OWNER" which expression
shall include its successors and assigns) of the One Part; AND _____________ carrying on
business in sole proprietorship/ carrying on business in partnership under the name and style
of ______________________ a Company registered in India under the Indian Companies Act,
1913/ 1956 having its registered office at _______________________ (hereinafter referred
to/ as collectively referred to as the "Contractor" which expression shall include his/ their/ its
executors, administrators, representatives and permitted assigns/ successors and permitted
assign) of the other part:

WHEREAS

The OWNER desires to have executed the work of _______________________________

more specifically mentioned and described in the contract documents (hereinafter called the
'work' which expression shall include all amendments therein and/ or modifications thereof)
and has accepted the tender of the CONTRACTOR for the said work.

NOW, THEREFORE THIS CONTRACT WITNESSETH as follows:

ARTICLE – 1
Contract Documents

1.1 The following documents shall constitute the Contract documents, namely

(a) This contract;

(b) Tender documents as defined in the General Instructions to Tenderers;
(c) Letter of Acceptance of Tender along with Fax/ Telegram of Intent.

1.2 A copy of each of the Tender Documents is annexed hereto and the said copies have
been collectively marked Annexure 'A' while a copy of the letter of Acceptance of Tender along
with annexures thereto and a copy of Fax/Telegram of Intent dated ________ are annexed
hereto and said copies have been collectively marked as Annexure 'B".

ARTICLE – 2

Work to Be Performed
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YEARS.

2.1 The CONTRACTOR shall perform the work upon the terms and conditions and within the
item specified in the Contract documents,

ARTICLE – 3

Compensation

3.1 Subject to and upon the terms and conditions contained in the Contract documents, the
OWNER shall pay CONTRACTOR compensation as specified in the Contract documents upon
the satisfactory completion of the work and/ or otherwise as may be specified in the Contract
documents.

ARTICLE – 4

Jurisdiction

4.1 Notwithstanding any other court or courts having jurisdiction to decide the question(s)
forming the subject matter of the reference if the same had been the subject matter of a suit,
any and all actions and proceedings arising out of or relative to the contract (including any
arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this
behalf at ________ (where this Contract has been signed on behalf of the OWNER) and only
the said Court(s) shall have jurisdiction to entertain and try any such action(s) and/ or
proceeding(s) to the exclusion of all other Courts.

ARTICLE – 5

Entire Contract

5.1 The Contract documents mentioned in Article - I hereof embody the entire Contract
between the parties hereto, and the parties declare that in entering into this Contract they do
not rely upon any previous representation, whether express or implied and whether written or
oral, or any inducement, understanding or agreements of any kind not included within the
Contract documents and all prior negotiations, representations, contacts and/ or agreements
and understandings relative to the work are hereby cancelled.

ARTICLE – 6
Notices

6.1 Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference to
the Contract shall be deemed to have been sufficiently served upon the OWNER
(notwithstanding any enabling provisions under any law to the contrary) only if delivered by
hand or by Registered Acknowledgment Due Post to the Engineer in- Charge as defined in the
General Conditions of Contract.

6.2 Without prejudice to any other mode of service provided for in the Contract Documents or
otherwise available to the OWNER, any notice, order or other communication sought to be
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YEARS.

served by the OWNER on the CONSULTANT with reference to the Contract, shall be deemed
to have been sufficiently served if delivered by hand or through Registered Post
Acknowledgement Due to the principal office of the CONTRACTOR at ___________________
or to the CONTRACTORS representatives as referred to in the General Conditions of Contract
forming part of the Contract Documents.

ARTICLE-7
Waiver

7.1 No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in
terms of the Contract or any obligation or liability of the CONTRACTOR in terms thereof shall
be deemed to be a waiver of such right, remedy, obligation or liability, as the case may be, by
the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at any
time to enforce such right, remedy, obligation or liability, as the case may be.

ARTICLE-8
Non-Assignability

The Contract and benefits and obligations thereof shall be strictly personal to the
CONTRACTOR and shall not on any account be assignable or transferable by the
CONTRACTOR.
IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place,
day and year first above written

SIGNED AND DELIVERED for and on behalf of INDIAN OIL CORPORATION LTD.
by..........................................

in the presence of
1.
2.
SIGNED AND DELIVERED for and on behalf of
.......................................... (CONSULTANT)
by..........................................
(this day of _____________ 20___)
in the presence of
1.
2.
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YEARS.

ANNEXURE- M

PERFORMA REGADING NO DUES

(On letter head of the firm, to be submitted along with bid)

INDIAN OIL CORPORATION LTD.(M.D.)

DGM (Contracts Cell )

Dear Sir,
This is to certify that nothing is payable by me/us to Corporation. In case it is found that some
amount is outstanding against me/us payable to corporation, the same may please be recovered
from my/our bills against this contract.

I/We am/are also agreeable to relieve my/our labourers for training pertaining to safety operations
of locations as required by corporation.

Thanking you,

Yours faithfully
Authorized Signatory.

Date:
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YEARS.

Annexure-N

PERFORMA FOR DECLARATION ON NCLT / NCLAT / DRT / DRAT / COURT

RECEIVERSHIP /LIQUIDATION)
(To be submitted on Letter Head)

Name of Work: __________________________________

GeM Tender No: RCC/ERO/38/2024-25/PT-GeM-139

Bidder Name :

I/ We hereby declare that I/ We/ Ms_________________________ declare that:

(i) I/We am/are not undergoing insolvency resolution process or liquidation or bankruptcy
proceeding as on date.

Or,

(ii) I/We am/are undergoing insolvency resolution process or liquidation or bankruptcy

proceeding as on date as per details mentioned below. (Attached detail with technical bid)

Note: - Strike out which is not applicable

It is understood that if this declaration is found to be false, Indian Oil Corporation Ltd.
shall have the right to reject my/our bid and forfeit the EMD. If the bid has resulted in a
contract, the contract will be liable for termination without prejudice to any other right or
remedy (including blacklisting or holiday listing) available to India Oil Corporation Ltd.

Name of Tenderer(s)

Date: _ _/_ _/_ _ _ _

Place:

Seal & Signature of Tenderer:

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YEARS.

Annexure-O
UNDERTAKING FOR BUSINESS TRANSACTION STATUS OF BIDDERS

Name of Work: __________________________________

GeM Tender No: RCC/ERO/38/2024-25/PT-GeM-139

I/ We hereby declare that I/We/M/s:

A. We hereby confirm that we have not transferred our ownership rights either in whole
or part to another entity or under process of transfer.

OR

I/We have transferred my/our ownership right in whole/part to other entity/entities as per
details below:
___________________________________________________
OR
I/We are in process of transferring my/our ownership rights in whole/apart to other
entity/entities as per details below:
___________________________________________________

(Strike Out Not Applicable Part)

B. I/We understood that IOCL reserves the right to reject the tender of any entity, which
has transferred its ownership rights in whole or in part or which is in process of transfer
without assigning any reason for such rejection.

C. I/We also understood that failure or refusal to share the information regarding their
status of any kind of business transfer process/restructuring etc, in this tender or at any
later stage, as applicable, my/our tender is liable to be rejected by IOCL and without
prejudice to any other remedy or action available with IOCL, IOCL shall suspend the
bidder from being eligible for bidding/award of all future contract (s) of Indian Oil
Corporation Limited for a period of one year from the date of committing this breach
under Clause.

Date:

Place:

Tenderer’s Signature & Seal:

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BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

Annexure-P

FORMAT OF CERTIFICATE FOR BIDDERS FROM A COUNTRY WHICH SHARES A

LAND BORDER WITH INDIA
(To be submitted along with bid on Letter head of the Bidder)

Name of Work: __________________________________

GeM Tender No: RCC/ERO/38/2024-25/PT-GeM-139

The bidder, __________________________________(name of the bidder) is not from a

country which shares a land border with india;
(or)
The bidder, ________________________________________(name of the bidder) is from
a country, __________________(Name of the Country) which shares a land border with
India and are registered with the competent authority. Certificate of registration is
attached with the bid.
(or)
The bidder, ________________________________________( name of the bidder) is
from a country, __________________(Name of the Country) which shares a land border
with India and Government of India has extended lines of credit or is engaged in
development projects in this country, ______________________( Name of the Country)
and hence do not require any separate registration for participation in the tender.
b. Model Certificates for Tenders:

I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this bidder is not from such a country
or, if from such a country, has been registered with the Competent Authority. I hereby
certify that this bidder fulfils all requirements in this regard and is eligible to be
considered. (Where applicable, evidence of valid registration by the Competent Authority
shall be attached).
c. Model Certificates for GeM:

I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; I certify that this vendor/bidder is not from such a
country or, if from such a country, has been registered with the Competent Authority. I
hereby certify that this vendor/bidder fulfils all requirements in this regard and is eligible
to be considered for procurement on GeM. (Where applicable, evidence of valid
registration by the Competent Authority shall be attached).

Stamp and Sign of Bidder

Authorized Signatory
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YEARS.

Annexure-Q

UNDERTAKING ON NO MULTIPLE BIDDING

(to be submitted on Letter Head)

I/We, the authorized signatory of M/s ______________________________ participating

in the subject GeM Tender Ref. No. RCC/ERO/38/2024-25/PT-GeM-139 for the job
of __________________________________ through Gem Portal, do hereby declare:
I. I/We have not submitted multiple bids i.e., more than 1 bid either individually or in any
combination of person (individual capacity, proprietor, affiliates, partnership, association
of persons, Company).

II. I/we am aware that, in case found that such multiple bids are submitted, all such bids
are liable for rejection.

Stamp and Sign of Bidder

Authorized Signatory
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YEARS.

Annexure-R
PARTICULARS OF BIDDER
(To be submitted along with bid documents on Letterhead of bidder, duly signed)

Name of the Work

Tender No.
E-Tender ID

Name of the Bidders

Type of Bidder Proprietorship
Partnership
Private Limited Company
Co-operative Society
Others (please specify) ……………………………………………
Name(s) of Proprietor / 1.
Partners / Directors / 2.
Members. 3.
4.
5.
Certificate of Incorporation
Name of the Authorized
Signatory
Details of shareholders of Total No of Shares of the Bidding Company:
Bidding Company holding at ………………………
least 10% of Voting share Total No of Voting Share of the Bidding Company: ……………
capital (Applicable in case of Total No % of
Total No
company) Name of of Voting total
Sl of Shares
Shareholders Share Voting
held held share
1
2
3
4
5
6
Please specify whether
Registered / Unregistered /
composition scheme for GST.
Please specify whether
Resident / non-resident as
per Income Tax rules.

Stamp and Sign of Bidder:

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YEARS.

ANNEXURE-S

To Whom it may Concern

We hereby take responsibility of submitting the GST Bill as per GST ACT. The rate
charged will -----------------% which is as per the FCM/RCM of GST ACT.

Date:-

Tenderer’s Place

Signature & Seal

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HIRING OF I(ONE) BRAND NEW MAHINDRA BOLERO NEO (VARIANT: N10 R

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BS6.2) DIESEL FOR OFFICIAL USE AT DIGBOI TERMINAL FOR A PERIOD OF 3
YEARS.

ANNEXURE-I

Declaration Form for availing purchase preference – Bid Stage

A. Confirmation for bidder’s status/category for eligibility of bidding:

{All bidders (including MSE’s) have to mandatorily confirm their minimum local content
against serial no.1, 2 or 3 as applicable and upload the required documents }

SN PARAMETER BIDDER REMARKS

TO
DECLARE
(YES/ NO)
1 We confirm that our offer is achieving
the minimum local content target of
>=50% as Class-I Local supplier. Bidder has to mandatorily
2 We confirm that our offer is achieving mention ‘YES’ against their
the minimum local content target of applicable status i.e., either
>=20% & <50% as Class-II Local against Sr 1 or Sr 2 or Sr 3 (as
supplier. applicable to the bidder)

3 We confirm that our offer is not

achieving the minimum local content
target of <20%.
4 Whether bidder is MSE as per PPP- YES/NO
MSE Order If yes-Necessary documents
towards MSE status along with
declaration of local content in the
format provided to be
mandatorily uploaded in the
technical bid.

B. Confirmation for bidder’s purchase preference:

SN PARAMETER BIDDER TO REMARKS

DECLARE
I Whether bidder wants to avail eligible Bidder has to mandatorily
purchase preference under “MSE mention ‘YES’ at one place,
Class-I local supplier” (applicable either in Sr I or II or III or IV
when bidder is both MSE & Class-I depending on status as
local supplier) applicable and also upload
II Whether bidder wants to avail eligible clear and unambiguous
purchase preference under “MSE but supporting documents to
non -Class-I local supplier” establish their
(applicable when bidder is MSE but status/category.
not Class-I local supplier).
III Whether bidder wants to avail
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YEARS.

Purchase Preference under “Non-MSE

but Class-I local supplier” (applicable
when bidder is not MSE but Class-I
local supplier).
IV “Non MSE non Class-I local supplier”
(applicable when bidder is neither
MSE & Class -I Local supplier)

General Notes:
a) While evaluating the bids, for price matching opportunities and distribution of
quantities among bidders, the order of precedence shall generally be as under:
1. MSE bidder (PPP-2012)
2. PP- MII Order 2017
All bidders (including MSE’s) have to mandatorily confirm their
minimum local content in the format provided in the tender
In order to avail benefits of purchase preference, bidder should refer to
the clauses and guidelines on preferential benefit and allocation as
provided in the tender
b) The bidder claiming the Preference to Make in India benefit shall furnish an
undertaking from the authorized signatory of bidder having the power of Attorney
along with the bid stating that the bidder meets the mandatory minimum LC
requirement, and such undertaking shall become a part of the contract.
c) Where the total tender value is less than INR 10 Crore: The LC content shall be
self-assessed and certified by the authorized signatory of the bidder, signing the
bid.
d) Where the total tender value is INR 10 Crore or above: The undertaking
submitted by the bidder shall be supported by a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of other
than companies) giving the percentage of local content.

Bidder's signature:
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YEARS.

ANNEXURE-II
UNDERTAKING (to be submitted by Bidder) – Bid Stage
(Where the total tender value is less than INR 10 Crore)
I…………………………..……..., Son/ Daughter of…………………………..……., do solemnly affirm
and state as under:
1. That I am the………………………………………………... «Designation of the authorized
signatory>> of …………………………… and I am duly authorized to furnish this
undertaking declaration on behalf of………………………………….
2. That …………………………. has submitted its bid against bidding document of Tender
No.: ………………………………
3. That the Company is fully aware of the provisions of Public Procurement (Preference
to Make in India) (PP-MII), Order 2017 enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the minimum local content of:
a. Minimum 50%:
b. 20% <= LC <50%:
c. LC < 20%:

(Tick whichever is applicable.)

5. Details of location(s) where the local value addition is made: …………………………….

6. I confirm that I am aware of the implication of the above undertaking and our liability
on account of wrong declaration.

(Authorized signatory of Bidder)

(With Seal/ Stamp)

Note:
1. This undertaking shall be certified by the authorized signatory of the bidder.
Authorised signatory shall mean
a) The Proprietor in case of a proprietorship firm.
b) Any one of the partners having POA in case of a partnership firm.
c) Power of Attorney holder in case of a company.

2. Preference is applicable only for suppliers claiming minimum 50 % Local Content.

 User Manual
Help document on ePayOne User Portal

Corporate Information System Department

Indian Oil Corporation Limited
Corporate Business Technology Centre
Plot No 83, Sector 18, Gurgaon 122001
Haryana

Version 2.0
Release date: 02.01.2022

Page 1 of 14
 Online portal for receiving Miscellaneous Payment
An In-house online portal [Link] has been developed
from our department to facilitate various miscellaneous payments (employee
loan refund, vendor’s security deposit, Payment towards Scrap sales, RTI fees,
payments by customers other than product supplies etc.) by our employees,
vendors, customers and Public through electronic mode.
For that purpose, SBI’s Payment Gateway (SBI ePay) has been integrated with
our ePayOne portal. Users can make the payment through the following modes
to the corporation.
 Internet Banking
 UPI
 Debit card (Transaction up to Rs.2000/-)
 NEFT (User will use One-time Virtual account number generated from this
portal to complete payment within 7 days from Non-SBI through branch
or online)
 SBI Branch Transfer (User will generate challan and make payment
through SBI branches)
 Credit card (Transaction charges @0.75% will be collected from users by
SBI)

On completion of payment process, payment status will be communicated to

the user whether the payment is success or failure or in process through
message. Successful payment details will flow to SAP for generation of cash
receipt.
Cash receipt updation in the portal will be generated instantly and some cases
may be delayed due to network issue. If the payment thru NEFT/SBI branch
transfer, it may take 4 hours to 8 days from the date of payment done by the
branch.
Cash receipt details will be sent from SAP to the portal and the user will get
intimation on confirmation of cash receipt in their registered e-mail ID.
Thereafter, registered users can download the cash receipt from the portal
under payment history at any point of time.

Page 2 of 14
Some instances, transaction may get failed, but the payer accounts also may get
debited. This may be to Network/ communication issue, and for those cases,
refund will be made to the users within 10 days after completion of the
reconciliation.
New User Registration & Selection of username
In the case of Registered users, users are required to register under the relevant
category in the portal on one time basis. User’s e-mail ID will be validated
through OTP. Once user ID created, the user will login to the portal with their
credentials.
Sr. No. User Category Username - design
1 Employees (Existing) 8-digit employee code (Prefix zero to be added)
2 Employees (Retired) 8-digit employee code (Prefix zero to be added)
3 Transport Contractors – Own 8-digit SAP vendor code
4 Transport Contractors - Other OMCs e-mail ID
5 Vendors - Suppliers & Contractors 8-digit SAP vendor code
6 Customers (Other than Scrap sales) 6-digit SAP customer code
7 New RO Dealership applicant e-mail ID
8 New LPG Distributorship applicant e-mail ID
New Vendors & Transporters (No
9 IOCL Vendor code) e-mail ID
Other Users (including RTI) - RTI
10 fees/Others e-mail ID
11 Scrap Customers 6-digit SAP customer code

Home page - [Link]

Page 3 of 14
Users will click New Registration (Right side top) – User will select the user
category and enter their user ID.
User ID for employee, customer & Vendors will be SAP code and the same will
be validated in SAP and for others, entered user ID is exist or not?

A Pop- up message will appear to confirm the name of the user as per SAP. If
the name is correct, user will click “Yes” and if the name is incorrect, the user
will check the entered username (SAP code)

After validation, user will enter the following details Name, Select State,
mobile no, E-mail ID, Password & Captcha. Password should be minimum 8
characters. One Numeric, CAPS, Special Character is mandatory.

Page 4 of 14
User will receive OTP in the provided mobile number and users are required
to enter the same the following screen and click submit.

After validation done, a pop up message will appear – User is Registered

successfully with user ID …..

Page 5 of 14
Now, the registered user can login using their login credentials.

If the users forget their password, they can reset the password after OTP
validation through their registered e-mail ID using Forgot password option
available in login page.
Initiation of New Payment by registered user
The registered users will login in the portal under their relevant user category
with the login credentials. After successful login, user will have the option of
New Payment, Payment history & Logout.
User will initiate the new payment and they are required to select or provide the
following information and thereafter, their mobile number will be verified
through OTP.
Information Select/Provide
Mobile No. To be entered by the user
Payment Type
(Purpose) Select from the dropdown
Select the location by entering 4-digit plant code or
Location code plant/location name (complete list of location can be viewed
by clicking the icon
To be entered by the user for the amount is required to be
Amount
remitted
GST registration Mandatory for certain types and Optional for remaining
number types
User will enter any additional information which may like to
Remarks
communicate like PO No., TT no., LOA/Tender ref etc.,

Page 6 of 14
Now, the click the option – “New Payment “

Users will enter mobile number, select the relevant payment type, select
location code, enter amount, GSTN – Optional, (mandatory for certain
payment types) & enter remarks (optional) like TT no, PO/tender no, advt. ref.
etc, click Make payment.

Users will enter the OTP received in the mobile number. In the case of
employees, mobile number as per SAP/ESS is to be provided at the time of
payment or otherwise they will get error message. After validation of OTP,
users will be redirected to SBI payment gateway portal for completion of their
payments by selecting their desired mode of payment.

Page 7 of 14
Users are advised to note the order no. which will appear in the SBI ePay portal
page and this reference number may be required to be quoted in their future
correspondence with corporation or SBI, at the time of referring issue, if any.

In the case of UPI payment mode, the following screen will appear. Users will
visit their UPI app (BHIM/PaytM/AmazonPay etc., to approve their payment
within 5 minutes.

Payment Status after completion of the payment

Users will be intimated about the status of the payment whether the payment
is successful or failed or payment in process. If the payment status shows “In
process” and amount debited to account, users are advised to wait for 6 hours
as the bank will update the status. In the case of failure in the payment, payers
will get refund within 2/3 working day and payers are required to re-initiate the
payment again.

Page 8 of 14
If the payment is success, the following screen will appear

If the payment is failed, the following screen will appear.

Page 9 of 14
Payment History & Cash receipt download
Registered users can check the status of their payments during the selected
period using the option “Transaction history”. For all the successful
transactions, users can download their cash receipt in PDF format from this
portal.

Model - Cash receipt

Page 10 of 14
Initiation of new payment under Direct Payment option (Users not registered)
Certain users like Govt. dept may not prefer to register and they may need to
make payment through online. For those users, may use this “Direct Payment”
option without registration process. User will enter their Valid Vendor /
customer SAP code or valid e-mail ID.

Page 11 of 14
Users are required to provide their e-mail ID, Name, State, Mobile No. apart
from the following information.
Information Select/Provide
Mobile No. To be entered by the user
Payment Type
(Purpose) Select from the dropdown
Select the location by entering 4-digit plant code or
Location code plant/location name (complete list of location can be viewed
by clicking the icon
To be entered by the user for the amount is required to be
Amount
remitted
GST registration Mandatory for certain types and Optional for remaining
number types
User will enter any additional information which may like to
Remarks
communicate like PO No., TT no., LOA/Tender ref etc.,
After completion of OTP validation for mobile number, users will be redirected
to SBI payment gateway portal for completion of their payments by selecting
their desired mode of payment.
Users are advised to note the order no. which will appear in the SBI ePay portal
page and this reference number may be required to be quoted in their future
correspondence with corporation or SBI, at the time of referring issue, if any.

Page 12 of 14
In the case of UPI payment mode, the following screen will appear. Users will
visit their UPI app (BHIM/PaytM/AmazonPay etc., to approve their payment
within 5 minutes.

Payment Status after completion of the payment

Users will be intimated about the status of the payment whether the payment
is successful or failed or payment in process. If the payment status shows “In
process” and amount debited to account, users are advised to wait for 6 hours
as the bank will update the status. In the case of failure in the payment, payers
will get refund within 2/3 working day and payers are required to re-initiate the
payment again.

Page 13 of 14
If the payment is success, the following screen will appear

If the payment is failed, the following screen will appear.

Users Grievances
In case of any other issue/problem, the users are advised to write a mail to the
following e-mail ID on any issue like unable to register, cash receipt not
generated, pending refund etc., and the issue will be attended within 2/3 days.
The user may provide the username, transaction reference number with the
issue/problem faced by them.
epayone@[Link]

*****************

Page 14 of 14
 PART-B
Version: 4.0 (GeM) Date: 07.11.2024

GENERAL TERMS,COMMERCIAL
CONDITIONS
AND
DECLARATIONS

FOR GEM PORTAL

 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

MODIFICATION DESCRIPTION

Date Description
03.11.2022 Version 1.0: Rolled Out
Compilation of General Terms & Conditions of Tender and Declarations
16.02.2023 Version 2.0: Updates
1. Electronic/Digital mode of payments related to Earnest Money Deposit
and Security Deposit
2. Revision in Holiday Listing Guideline
20.02.2024 Version 3.0: Updates
1. Changes as per internal guidelines in compliance of DOE OM dated
18.05.2023 for Concurrent application of Public Procurement Policy for
Micro and Small Enterprises Order, 2012 and Public Procurement
(Preference to Make in India) Order, 2017
2. Annexure J in line with above guidelines.
3. Bid Security Declaration validity.
4. MSE Purchase preference and Related Changes
5. Revision in Integrity Pact
6. Inclusion of Interest Prohibition clause
7. Changes in PBG/SD in line with amendment in Rule 171(i) of GFR vide
DOE, MOF OM dated 01.01.2024
07.11.2024 Version 4.0: Updates
1. Changes as per MoPNG Letter No. FP-20013/2/2017-FP-PNG-Part (4)
(E-41432) dt 26.04.2022 & 26.03.2024 and subsequent revision vide
DPIIT Order No. P-45021/2/2017-PP (BE-ll)-Part(4)[Link] Dated
19.07.2024 circulated vide MOPNG Letter No. No.: FP-20013/24/2017-
FP-PNG (E-17013) Dated 21.08.2024 in respect of PPP-MIII order
2. Annexure J in line with above guidelines.
3. Inclusion of AMRCD (Administrative Mechanism for Resolution of
CPSE’s Dispute) Clause
4. EMD BG Formats as per GeM

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

INDEX
SECTIONS
1. IMPORTANT GUIDELINES TO TENDERERS
2. INSTRUCTIONS TO TENDERER AND PARTICULAR CONDITIONS OF CONTRACT
3. REVERSE AUCTION – PROCESS
4. CLAUSES ON TAXATION (TAXES AND DUTIES)
5. LIST OF IOCL GST IDENTIFICATION NUMBER (GSTIN)
ANNEXURES
TO BE SUBMITTED BY ALL THE BIDDERS – BID STAGE
A. ACCEPTANCE OF ALL TERMS & CONDITIONS OF TENDERER
B. DECLARATION ON NCLT/NCLAT/DRT/DRAT/COURT RECEIVERSHIP/LIQUIDATION
C. CERTIFICATE FOR BIDDERS FROM A COUNTRY WHICH SHARES A LAND BORDER WITH INDIA
D. UNDERTAKINGS AND DECLARATIONS FOR NON-TAMPERING OF DATA
E. DECLARATION OF BLACKLISTING / HOLIDAY LISTING
F. DECLARATION "A", "B", "C" & "D"
G. UNDERTAKING FOR BUSINESS TRANSACTION STATUS OF BIDDERS
H. PARTICULARS OF BIDDER
I. UNDERTAKING ON NO MULTIPLE BIDDING
J. DECLARATION AND UNDERTAKING ON PURCHASE PREFERENCE (PP-MII) POLICY
K. BID SECURITY DECLARATION FROM BIDDERS IN LIEU OF EMD (IF APPLICABLE)
L. CONFIRMATION ON APPLICABILITY OF MSE ORDER 2012
M. INTEGRITY PACT AGREEMENT ALONG WITH COVERING LETTER (IF APPLICABLE)
N. BANK GUARANTEE FORMAT FOR EARNEST MONEY DEPOSIT

TO BE SUBMITTED BY SUCCESSFUL BIDDER - POST LOA

O. UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR
P. FORMAT FOR PAYMENT TO VENDORS THROUGH ELECTRONIC MODE
Q. SAFETY DECLARATION
R. DECLARATION
S. INDEMNITY BOND UNDERTAKING FOR PF
T. INDEMNITY BOND UNDERTAKING FOR ESIC
U. BANK GUARANTEE FORMAT FOR SECURITY DEPOSIT (For Services)
V. FORM OF CONTRACT
W. PERFORMANCE BANK GUARANTEE (For Goods)
X. PURCHASE AGREEMENT (For Goods)

NOTE: Bidder to refer NIT in Technical bid (Buyer added ATC) and other
attachments of Part-A including following per as per requirement / scope of
tender.

1. Special Terms and Conditions (STC)

2. General Conditions of Contract (GCC)- (For Services Tender)
3. General Terms & Conditions (For Goods Tender)
4. General Conditions of Contract for Supply of Equipment/ Materials- (For
Goods Tender)
*********************

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

SECTION - 1
IMPORTANT GUIDELINES TO TENDERERS

1) Bidders are requested to carefully study all the documents/Annexure and understand the
conditions, specifications etc before quoting their rates. Offers should strictly be in
accordance with the tender terms & conditions and our specifications. Indian Oil Corporation
Limited reserves the right to cancel the tender without assigning any reason.

2) Bidders are requested to go through the “BID/RA Participation” tab available in “Training
Module” under “Sellers & Service Providers” tab on GeM Portal [Link]

3) It is mandatory for every tenderer to provide all the information as set out in the tender
document irrespective of their earlier association with Indian Oil Corporation Limited. Any
conditional / incomplete offer or failure to follow above instructions may lead to
disqualification.

4) The Bidders shall upload legible scanned copy of necessary documents in support of required
qualification and experience along with their offer within the period of bid submission

5) Physical/Manual Bids shall not be accepted. Bids shall be accepted only though E-Tendering
portal. No manual bid shall be permitted along with electronic bids. In case of receipt of
manual bids apart from specifically requested offline documents in the tender, same shall be
returned to the bidder. Additional documents received through email shall not be considered
for the purpose of evaluation, unless specifically advised by the Tender Issuing Authority.

6) The bidder should ensure that every endeavour has been made to avoid errors which can
materially affect the basis of the tender and the successful bidder shall take upon himself and
provide for risk of any error which may subsequently be discovered and shall make no
subsequent claim on account thereof.

7) Tenderers are advised not to send or upload un-necessary / unsolicited documents. The same
will not be evaluated.

8) Bids should be submitted as under:

Part–I: Technical Bid complete with all technical and commercial details and documents other
than price shall be submitted essentially containing the documents in ‘List of documents to
be uploaded by the Bidder”. Price should not be disclosed in technical bid. Price quoted in
Price bid section shall only be considered valid.

Part-II: “Price Bid” (Offer Price section) This part shall have provision to quote Price details.
Prices shall be filled in the price bid section only on GeM.

9) Tenderers to note that price must be quoted only in the offer price section.
10) Notwithstanding the subdivisions of the tender document into several sections and volumes,
every part of each shall be deemed to be supplementary of every other part and shall be read
with and into the contract so far as it may be practicable to do so.

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

11) Canvassing for information or submission of forged or false documents / information by any
Bidder shall make the offer invalid. In addition, action shall also be taken by Indian Oil
Corporation Limited for forfeiture of EMD as well as putting the Bidder on Holiday list.

12) Indian Oil Corporation Limited reserves the right to revise / extend any Date / Time from
scheduled timelines of published tender.

13) Any Addendum/ Corrigendum/ Sale Date Extension in respect of the tender shall be issued on
the GeM Portal ([Link] only & no separate notification shall be issued in the
press. Bidders are therefore requested to regularly visit the GeM Portal to keep themselves
updated.

14) Bidders shall be required to provide the Address of Bidder, Name of the Authorised Signatory,
Correspondence E-Mail ID and Contact No in PARTICULARS OF BIDDER (ANNEXURE-H). This is
required for necessary offline communication after price bid opening for the purpose of
conducting Negotiation meeting, informing bidder for Original Document Verification , asking
price break-up (if applicable) or any other official communication as per tender requirements.

Bidder to note that the above details is being asked only for the purpose of offline
communication for which provision are not available on GeM portal. For all GeM portal related
communication bidder to check the e-Mail id/mobile number maintained on GeM Portal.

15) Any query with regard to rejection of the bid may be forwarded to the Contact Person/ Tender
Inviting Authority mentioned in NIT.

16) If a bidder withdraws its bid within validity period for any reason, their bid shall not be further
evaluated, and suitable penal action taken which may include EMD forfeiture (if any) and / or
holiday listing action as per the discretion of IOCL.

17) Bidders to quote competitive prices considering the fact that price negotiations, if required,
may be held with them. However, negotiation may be held with the lowest / deemed lowest
bidder only.

*********************

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

SECTION - 2
INSTRUCTIONS TO TENDERER AND PARTICULAR CONDITIONS OF CONTRACT

1. STUDY OF TENDER DOCUMENTS:

Tenderer should study the tender documents carefully and understand the contract terms &
conditions, drawings, specification, etc. before quoting. If there are any doubts, they should
seek clarification before the pre bid meeting. The tender bids should be strictly in accordance
with our specification, terms and conditions.

2. PRE-BID CONFERENCE:

Bidders are advised that pre-bid meeting shall take place if mentioned in NIT. All bidders
intending to raise queries shall do so either through e-mail in editable format to the email id
given in the Notice Inviting Tender (NIT) under Buyer added ATC before the date and time
specified in the NIT or the representation option on GeM portal. Bidders may please note that
Indian Oil Corporation Limited shall not be under any obligation to respond to queries mailed
after the date specified above. The replies to queries, if any, shall be published as a consolidated
document as a Corrigendum on the GeM portal and no reply will be sent individually to any bidder.

The bidders are requested to forward consolidated list of exceptions/clarifications/ deviations

(if any) to Indian Oil Corporation Limited in soft copy (in the format given below) clearly
specifying the tender clause no., page no., subject and the query/clarification sought latest by
the due date and time as specified in NIT. Any queries received after the due date and time
specified in NIT will not be entertained by Indian Oil Corporation Limited.

Tender Document Deviation/Exception/

Sl. No. Ref of Page No. Subject
Clarification/Assumption
Cl. No. Para No.

(1) (2) (3) (4) (5) (6)

Any modification of the tender documents, which may become necessary as a result of the pre-
bid meeting, shall be sent to all bidders through issuance of an Addendum/Corrigendum/Minutes
of Meeting. The same shall be uploaded in website. All costs towards attending any meeting shall
be at Tenderer’s own expenses.

3. FILLING OF TENDER DOCUMENTS:

3.1 The tenderer shall quote the rates for all the items in the price bid section only.
3.2 Tenderer must distinctly understand that they will be strictly required to conform to the
conditions of this contract as contained in each of its clauses and the plea of CUSTOM
PREVAILING will not on any account be admitted as an excuse on their part for infringement
of any of the conditions.
3.3 Tender submission should be strictly in accordance with specifications and other tender
documents.
3.4 Any offer which does not comply with the tender conditions or contains counter conditions
may be treated as invalid.

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

3.5 “Submission of physically signed and scanned single page declaration in Tender Acceptance
Format i.e., “Undertaking by the Tenderers” will be considered total acceptance of the
terms and conditions of the tender.”
3.6 The quoted rates shall be valid for a period as specified in the NIT or validity of rates
extended by the bidder as per Indian Oil Corporation Limited request.
3.7 Tenderer must not resort to unsolicited revision of Price Bid. Any type of unsolicited revision
will disqualify the tenderer.
3.8 If the successful tenderer, during specified time period, fails to accept the Letter of
Acceptance (LOA)/GeM Contract, Work order, placed at his original quoted rates or
subsequently negotiated rates, as the case may be, the earnest money deposited shall be
forfeited/ Bid Security Declaration clause shall be invoked (as applicable),in addition to
putting the bidder on Holiday List.
3.9 Once the quotation is accepted and the Letter of Acceptance (LOA)/GeM Contract /purchase
order is placed on the successful tenderer, the validity will remain same till completion of
delivery in all respects. No escalation/de-escalation (if applicable) in the cost of materials,
labour, transportation shall be entertained at any stage of the contract till the job is
completed in all respect except for the cases wherein escalation clause is part of the
contract.
3.10 Incomplete tenders, conditional tenders or tender not conforming to the terms and
conditions prescribed in the tender documents are likely to be rejected.
3.11 Tenders not accompanied by the requisite EARNEST MONEY DEPOSIT (EMD) / Bid Security
Declaration as applicable for particular tender, will be liable for rejection.
3.12 Indian Oil Corporation Limited is not bound to accept the lowest tender and reserves the
rights to reject any or every tender or split the order without assigning any reason
whatsoever and/or to carry out negotiations with the vendors in the manner considered
suitable to Indian Oil Corporation Limited.
3.13 Any terms and conditions attached in the vendor’s offer will not be binding on Indian Oil
Corporation Limited.

4. SUBMISSION OF TENDERS:
4.1 The Technical Bid, Price Bid and other documents as per subsequent communications if any
have to be uploaded on the website before due date and time of tender submission. However,
documents like BG against EMD (if applicable) have to be submitted offline. Indian Oil
Corporation Limited shall not be responsible in any way for failure on the part of the bidder
to follow the instructions.
4.2 The submission of online bid as well as submission of physical documents shall be up to time
as specified in NIT.
4.3 It is mandatory for every tenderer to provide all the information as set out in the tender
document irrespective of their earlier association with Indian Oil Corporation Limited. Any
conditional / incomplete offer or failure to follow above instructions shall lead to
disqualification.
4.4 In all cases of electronic tendering, bidder shall declare: “The bidder declares that none of
the e-documents have been tampered with. In case of tampering of e-documents, the bid
shall be rejected outright and EMD, if applicable, forfeited without prejudice to any other
rights or remedies available to IOCL.” Bidders shall be required to submit PROFORMA OF
TENDER NOT TAMPERED (ANNEXURE-D) to this effect.

5. OPENING OF BIDS:
5.1 Technical bids shall be opened on or after specified date and time mentioned in NIT.

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

5.2 Price Bid of the technically qualified tenderers shall be opened on specified date and time
as per GeM functionalities.

6. EARNEST MONEY DEPOSIT

6.1 Mode of payment of Earnest Money:
i) Up to Rs. 1,00,000/-
a) Online payment through ePayone Portal (IMPS/NEFT/Net Banking etc.) -
[Link]
b) Alternately, bidder can also submit BG as per para 6.1(ii)(b) below

ii) Above Rs. 1,00,000/-

a) Online payment through ePayone Portal (IMPS/NEFT/Net Banking etc.) -
[Link] OR
b) Bank Guarantees (irrespective of EMD value) on GeM portal in the prescribed format
of GeM. The validity of the BG in lieu of EMD shall be at least 03 (Three) months
beyond the validity of the tender or tender specific Validity as specified in NIT of the
tender.

Scanned Copy of EMD instrument i.e. Bank Guarantee has to be uploaded in the un-
priced bid as exemption document.

iii) Earnest Money shall not be accepted in the form of cash / cheques / Demand Draft /
Banker’s Cheque and Swift Transfers.

iv) In cases where the GeM bid allow EMD BG submission through integrated NeSL (National
E-Governance Services Limited) system, the GeM modalities in this regard are to be
followed. For such cases the BG can be e-validated (verified) through the Portal. Physical
copy of BG to be submitted within the timelines specified in NIT

Note: Bidder to upload payment acknowledgement document from ePayone Portal / scanned
copy of Bank Guarantees on GeM Portal at relevant place / EMD Section.

6.2 Time period for submission of original BG as EMD

Original BG in physical form duly enclosed in a sealed envelope (Super-scribed with “Offline
EMD”, Bidder’s Name, Tender No., bid submission end date & time) shall be sent by the bidder
/ bank to Tender Issuing Authority as mentioned in the tender.
Original BG should reach to Tender Issuing Authority as per the following schedule:
a) Single Bid Tenders: Before due date and time of opening of bids.
b) Two Bid Tenders: Within 7 working days from the date of opening of technical bids.

Note:
i) For the purpose of receipt of BG, the time recorded in the Receipt / DAK section against
receipt shall also be considered as receipt time.
ii) Only those Physical BG instruments found matching with the copy submitted in the GeM
portal shall be considered as valid.

6.3 Exemption from submission of EMD:

EMD is not required in the following cases:

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

(a) Micro & Small Enterprises (MSE) having valid UDYAM registration certificate as on close
date of tender.
(b) Government organization & Public Sector Undertaking of the Central / State Government
are exempted from submission of EMD.
(c) JV / subsidiary companies of IOCL are exempted from submission of EMD.
(d) Startups are exempted from submission of EMD.
(e) EMD exemptions shall be applicable as per GeM GTC

6.4 Forfeiture of EMD:

Earnest Money if applicable shall be forfeited in the following circumstances:

(i) In case the bidder tampers the tender document, alters / modifies / withdraws the bid suo-
moto after opening the bids (Technical bids in case of two bid system) within the validity
period.
(ii) In case the bidder submits false/fraudulent/fake/ forged documents.
(iii) In case the tender is accepted, and the contractor fails to deposit the ISD/SD or to execute
the contract.
(iv) In case of failure of the bidder to get the documents verified as per the specified time
schedule in the tender. (Where verification is done through the Original Document
Verification process)

In (i) and (ii) above the tender submitted by the bidder shall be rejected. In all the above
cases suitable action may be taken which may include EMD forfeiture and / or holiday listing
action as per the discretion of IOCL. Earnest Money Deposit forfeited for all such bids shall
not be by way of penalty or liquidated damages but by way of reimbursement of the pre-
estimated costs likely to be incurred by the OWNER towards bidding process and in the
scrutiny and evaluation of bids.

6.5 Release of EMD:

In case of procurement through GeM: EMD shall be released in line with GeM GTC as
defined below:

(i) EMD of unsuccessful bidders shall be returned within 15 days after the award of
contract or expiry of bid validity whichever is earlier.

(ii) In case of two bid system, EMD of unsuccessful bidders during first stage i.e. technical
evaluation should be returned within 15 days of declaration of result of first stage
itself i.e. technical evaluation.

(iii) EMD of successful bidder shall be returned within 15 days after receipt of Performance
Security / e-PBG.

(iv) Wherever Performance Security (SD) / PBG is not sought in the tender, EMD of the
successful bidder shall be returned after complete execution of the order.

(v) In case bidder has been holiday listed before award of work.

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

6.6 SFMS details to IOCL Bank (For Marketing Head Office Only)
In case the BG opening bank is sending the BG thru SFMS Mode in addition to the physical BG, the
same can be sent to SBI CAG Branch, Mumbai (IFSC Code: SBIN0009995)

S. No Particulars
Indian Oil Corporation Limited, (Marketing Division),
Name & Complete Address
1. Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra
of the Beneficiary
(E), Mumbai-400 051
Name & Address of State Bank of India, Corporate Accounts Group (CAG)
2. Beneficiary’s Bank with Branch (09995), Neville House, J.N. Heridia Marg,
Branch Code Ballard Estate, Mumbai – 400 001 Br Code 09995
STD Code & Phone No. of
3 022-61542511
Bank Branch
IFSC/NEFT Code
4 SBIN0009995
(11digit code)
Note: For tenders invited by other than Marketing Head Office, bidder to refer the
corresponding IOCL bank particulars in NIT/Technical Bid i.e. Part-A.

7. SECURITY DEPOSIT (SD)/ PERFORMANCE SECURITY (PBG) :

(A) For Service :

7.1 Security Deposit shall be taken to provide a safeguard for due fulfillment of the contract and
to cover up the defects during the defect liability period. No interest shall be payable by the
Corporation on the security deposit.

All compensations or other sums recoverable from the contractor may be deducted from the
security deposit. In event the security deposit gets reduced due to such deductions, the
contractor shall be responsible to make good the shortfall immediately.

7.2 Security deposit amount shall generally be equivalent to 5 % of the Total Contract Value
(there shall not be any upper ceiling for security deposit amount). For above the Total
Contract Value shall mean the totality of such remuneration exclusive of Goods and Service
Tax.

While initially the SD amount shall be 5 % of the Work Order value (exclusive of GST), once
the work is executed, the total Security Deposit will be on the value of the work actually
executed and not on the value of the work order. Additional SD or Reduced SD to be
Deposited/Refunded accordingly.

7.3 The successful tenderer within 15 days (For contracts having a value of less than 10 Crores)
/ 21 days (For high value contracts i.e. Contracts over Rs 10 Crores) from the date of issuance
of Letter of Acceptance shall deposit Initial Security Deposit (ISD) in an amount equal to 25%
(Twenty five percent) of the Security Deposit value in any of the following modes:

(i) ONLINE:
Tenderer may use the link “[Link] and complete the
registration in the ePayOne portal using their SAP vendor code. User guide is available

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Version: 4.0 (GeM) Date: 07.11.2024

in the ePayone Portal under option “Need Help”. Thereafter, the tenderer is required
to make online payment using “New payment Option”.
(ii) By Bank Guarantee(s) (BG) in the IOCL prescribed format, from a Scheduled Bank in India
acceptable to IOCL, provided the amount covered by such Bank Guarantee is not less
than Rs.1,00,000 (Rupees One Lakh only). This Bank Guarantee shall be valid up to a
period of 3 (three) months beyond the end of the defects liability period (12 months
after completion of all works). This BG shall be submitted directly by the bankers /bidder
under their covering letter to the office of the Corporation in a sealed cover.
Balance security deposit (Remaining 75 % of SD) will be recovered at the rate of 5% of
certified value of work (Exclusive of GST) from incoming running bills till such time entire
security deposit is recovered.
7.4 The successful tenderer can also deposit the full SD amount through ePayone portal as given
in the above clause no. 7.3 (i) or Bank Guarantee (if the amount of SD is higher than Rs. 1
Lakh) initially itself in which case no ISD will be required to be furnished and no deductions
shall be made from running bills.

7.5 The successful tenderer may, at any time and from time to time, during the course of or
after completion of the work, with the permission of Indian Oil Corporation Limited,
substitute his cash security deposit, including retention money(ies) deducted from his bills,
by Bank Guarantee(s) in the prescribed proforma from a Scheduled Bank in India acceptable
to IOCL and withdraw the equivalent cash amount(s), provided the amount covered by any
such Bank Guarantee is not less than Rs.1 Lakh (Rupees One Lakh only).

7.6 On request from the successful tenderer, switching the option from Online payment to BG
and vice versa shall be permitted. In case the final value of work executed is less than work
order value, the contractor can replace the BG of higher value by BG of lower value provided
full SD amount as calculated on revised contract value is more than Rs 1 Lakh. Conversely,
IOC shall be at liberty to deduct additional security deposit from the successful tenderer’s
final bill because of increase in value of the work executed. However, the existing BG shall
be returned to the Vendor only after getting confirmation from the issuing bank for the new
BG as per prescribed procedure.

7.7 For delayed works, validity of BG shall be suitably extended, to cover the entire defect
liability period, before expiry of scheduled completion period.

7.8 The security deposit collected as per the terms & conditions shall be released after the
Defect Liability period (normally 12 months from the date of completion of works) subject
to the relevant clauses of the GCC. The SD shall not carry any interest.

7.9 Other provision on Security Deposit shall be governed by provisions under Section [Link] of
GCC.

(B) For Goods :

Requirement of Performance Security / Performance Bank Guarantee (PBG)

a. PBG shall be applicable for equipment (excluding office equipment) and packages
irrespective of the estimated tender value (in GeM tenders, however, no PBG is allowed
below the estimated value of Rs. 5 lacs).

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For other cases, including Rate Contracts and office equipment, PBG shall be applicable
for tender estimate beyond Rs. 25.00 Lac.

b. In line with Buyer added ATC, PBG (in IOCL specified format in Buyer added ATC) valid for 2
months beyond the date of completion of all contractual obligations including
warrantee obligations, will be obtained from the successful Bidder, for ensuring due
performance of the contract. Such Performance Bank Guarantee, in prescribed format,
must be submitted by Seller to the Buyer within 15 days of award of contract on GeM.

c. For non-Rate Contract cases of items other than package & equipment, wherever
applicable, vendor shall furnish PBG equivalent to 5% of the order value at the time of
dispatch and the same shall be valid till delivery period plus six months / warranty period
plus 6 months or Duration as specified in Buyer added ATC. In case a vendor does not
furnish PBG, prorata payment of 5% shall be deducted from vendor’s invoice and
retained for a period of final delivery date plus 6 months / warranty period plus 6 months
or Duration as specified in Buyer added ATC.

d. In all Rate Contract cases and staggered delivery cases where supply period is one year
or above, for procurement of items other than package & equipment, wherever
applicable, 5% upfront PBG shall be taken within 45 days of issuing the Rate Contract /
staggered delivery order. Subsequently no PBG shall be taken against individual Call-
Up POs / supplies. This PBG shall be valid till final delivery period plus 6 months /
warranty period plus 6 months or Duration as specified in Buyer added ATC.

e. For equipment and packages, PBG for 5% of order value, valid till Defect Liability Period
plus the claim lodgment period / warranty period plus 6 months or Duration as specified
in Buyer added ATC, shall be furnished within 45 days of order. In case of increase in the
order value due to an amendment, the PBG value shall be proportionately increased.

f. Performance Bank Guarantee is not required for spares of proprietary nature, stationery
and computer consumables.

g. Mobilization and Milestone Advance payments for equipment and packages shall be
released to the vendor only after submission of PBG. (Refer Buyer added ATC for
applicability of this clause)

h. In case bidder does not agree to submit PBG as per tender requirement, equivalent
percentage loading shall be done. However, where PBG is to be submitted against
dispatch and the bidder agrees to hold amount equivalent to the PBG amount, in lieu
of PBG, till the desired validity of PBG, then no loading shall be done.

i. Quantity tolerance and escalation due to price variation clause shall not be considered
for PBG.

j. PBG is taken separately, one for supply & installation and other for Post Warranty
Comprehensive Annual Maintenance Contract (PWCAMC) / Post Warranty Annual
Maintenance Contract (PWAMC) wherein PWCAMC / PWAMC is in vendor’s scope. PBG
will be released after completion of their respective defect liability period. In absence
of a valid PBG, payment for PWCAMC / PWAMC shall not be released. PBG for PWCAMC
/ PWAMC shall normally be taken @5% of AMC value as specified Buyer added ATC.

k. As a special initiative to encourage more participation, PBG requirement shall be

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relaxed by 50% in case of MSEs owned by SC / ST & Women Entrepreneurs.

Performance Security (PBG) to be deposited in any of the following manner-

Tenderer may use the link “[Link] and complete the
registration in the ePayOne portal using their SAP vendor code. User guide is available in the
ePayone Portal under option “Need Help”. Thereafter, the tenderer is required to make online
payment using “New payment Option”.
By Bank Guarantee(s) (BG) in the IOCL prescribed format, from a Scheduled Bank in India
acceptable to IOCL, provided the amount covered by such Bank Guarantee is not less than
Rs.1,00,000 (Rupees One Lakh only).

8. CONDITION(s) FOR BANK GUARANTEE (BG):

8.1 Bank Guarantee for value up to Rs. 2 (Two) Crore can be accepted if it is issued by an Indian
Branch of any Scheduled Bank appearing in the Second Schedule to the RBI Act of 1934.

8.2 BG for value above Rs. 2 (Two) Crore can be accepted if it is issued by an Indian Branch of

i. Any Nationalized / PSU Bank appearing in the Second Schedule to the RBI Act 1934; or
ii. Any Scheduled Bank (other than a Nationalized / PSU Bank) having at least Desired credit
rating, at the time of acceptance of BG:
If the Tenor of BG is more If the Tenor of BG is up to 1 year,
Bank credit rating of
than 1 year, credit rating of
In case of foreign ‘P-1’ of Moody’s or equivalent i.e.,
‘A’ of Moody’s or equivalent highest short-term rating
banks
In case of Indian ‘A-1+’ of CRISIL or equivalent i.e.,
‘AA’ of CRISIL or equivalent highest short-term rating.
Bank

8.3 As on date, the following are the credit rating agencies approved by SEBI.
i. CRISIL Limited ([Link])
ii. Fitch Ratings India Private Limited ([Link])
iii. ICRA Limited ([Link])
iv. Credit Analysis & Research Ltd. (CARE) ([Link])
v. Brickwork Ratings India Private Limited ([Link])
vi. SME Rating Agency of India Ltd. (SMERA) ([Link])

8.4 Apart from the above, BG, irrespective of its amount, issued by any other bank including
non-scheduled banks, foreign branches of scheduled banks and foreign branches of foreign
banks can be accepted provided that such BG is confirmed / counter guaranteed by any bank
mentioned above.

Merely signing or endorsing or forwarding the BG by the scheduled bank does not amount to
counter guaranteeing. A proper document executed on non-judicial stamp paper of
appropriate value with specific reference to the BG being counter guaranteed is essential.

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8.5 Bank Guarantee should be submitted as per enclosed proforma in the Tender by the
Tenderer.

8.6 The stamp paper of appropriate value is required to be purchased in the name of bank issuing
the guarantee, In the Bank Guarantee, the first Party to the Bank Guarantee should be the
Bank issuing the Guarantee and the second Party should be the beneficiary i.e. IOCL.

9. VALIDITY OF RATES:

The quoted rates shall be valid as specified in NIT (including any extensions thereof) from the
date of opening of Technical Bid for Indian Oil Corporation Limited’s acceptance.
On account of exigencies, if bidders are advised to extend their validity, the same should be
without any deviation and without any change in the prices. However, the bidders would be
allowed to withdraw the bid in case they do not wish to extend the validity. But, if a bidder
deviates or changes price, its offer shall be rejected.

The finalised/contracted rates shall be valid for the successful Tenderer, till completion of
contract in all respects. No escalation shall be entertained at any stage of the contract (Unless
specified otherwise in ATC)

10. CLARIFICATIONS / NEGOTIATIONS:

10.1 Negotiations shall not be conducted as a matter of routine. However, Indian Oil Corporation
Limited reserves the right to conduct negotiations if required, will be held with the lowest
bidder/ deemed lowest bidder only.

Tenderers will have to attend the office of Indian Oil Corporation Limited for negotiations/
clarifications required in respect of their quotations without any commitment on the part of
Indian Oil Corporation Limited.

In case of negotiation, the Bidder should send the confirmation of such negotiation so as to
reach the office of Indian Oil Corporation Limited within 7 days from the date of negotiations
failing which Indian Oil Corporation Limited reserves the right to place the order on quoted
rates or reject the bid.

Vendors will have to attend office of Indian Oil Corporation Limited at their own cost for
Pre-bid conference/negotiations/clarifications/document verification etc. in respect of
their quotations without any commitment on the part of Indian Oil Corporation Limited.

Mere attending negotiation meeting does not guarantee / entitle bidder for LOA / Award
of contract. Tender shall be evaluated as per the tender terms & conditions.

10.2 IOC reserves the right to seek justification / clarification for workability of rates from
bidder for their offered Price / rates. IOCL also reserves the right to accept the workability
submitted.

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11. EXECUTION OF AGREEMENT:

11.1 On acceptance of quotation, the successful bidder will have to execute separate Contract/
Purchase Agreement with Indian Oil Corporation Limited covering all aspects of the Contract
in the standard form, immediately before commencement of Work/Service/supply of Goods.

11.2 The intending bidder should acquaint themselves with the provisions of standard agreement
before quoting.

12. POWER OF ATTORNEY/ BOARD RESOLUTION (AS APPLICABLE) IN FAVOUR OF TENDER

SIGNING AUTHORITY

The person signing/submitting the tender/agreement should be authorised by the bidder

firm/Company to act and sign on behalf of the bidder firm/ Company.

Authority of the person uploading the bids with his/her signature shall be required to be
submitted in the bids. Document required showing the authority of the person uploading &
submitting the bid with his/her signature shall be as given in the following table:
In case of Proprietary The bid should be signed by the proprietor along with an
Concern undertaking certifying that the bidder/tenderer is the sole
proprietor. Such undertaking will be uploaded. During the tender
process, the bidder may authorize a person to bid on his behalf
on the basis of Power of Attorney (POA). However, he will upload
POA, if the bid is submitted by person other than proprietor,
authorizing the person to submit bid on behalf of the concern.
If the bid is submitted by the proprietor, no POA required.
In case of Company Certified copy of Board Resolution authorizing the person
submitting the bid on behalf of the company. OR
 POA and the supporting Board Resolution authorizing the person
submitting the bid on behalf of the company.
In case of Partnership POA along with Deed of Partnership/LLP Agreement. If the
Firm/LLP application is not made by a partner, POA authorizing such person
who signed/submitted the bid to be uploaded.
In case of Co- Copy of resolution passed as per Society Rules.
Operative Society
Note: POA wherever specified above shall be submitted on non-judicial stamp paper of
appropriate value duly notarized)

13. COLLUSIVE OR FRAUDULENT TENDERS/ CARTEL FORMATION / POOL RATES / BID RIGGING /
COLLUSIVE BIDDING:

In case it appears to the OWNER, after examining the tenders received, that any 2 (two) or more
tenders are collusive or otherwise manipulated to the disadvantage of the OWNER and against
the spirit of ethical competition, the OWNER reserves the right to summarily reject such tenders.
It shall not be incumbent on the OWNER to prove any collusion or other malpractice in this regard.

Cartel formation, bid rigging, collusive bidding are against the basic principle of competitive
bidding and defeats the very purpose of open and competitive tendering system. Such practices
are severely discouraged. Suitable administrative actions which include but not limited to
rejecting the offers, holiday listing action as per policy in vogue for breach of integrity may be
initiated in such cases.

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14. LABOUR AGREEMENT:

The Contractors who are working in the establishments through Contract Labour shall be fully
responsible for observance of all rules and regulations as per the Contract Labour (Regulation
and Abolition) Act 1971 and obtain a licence from the Assistant Labour Commissioner (Central)
concerned and produce the same to Indian Oil Corporation Limited. In this connection, tenderers
shall abide by all the conditions of Appendix I and Appendix II enclosed with the GCC. The
Principal Employer certificate shall be given on written request from contractor by Indian Oil
Corporation Limited.

15. PF REGISTRATION (If applicable as per NIT):

The tenderers shall indicate his / their PF code number in the Statement of Credentials enclosed
with the tender along with PF registration certificate failing which the tender shall be liable to
be rejected. The successful tenderers shall abide by all the requirements and submit copies of
all registers/ returns etc filed by them before Indian Oil Corporation Limited releases final dues.

16. REASONS FOR PUTTING A PARTY ON HOLIDAY:

The purpose of putting a party on holiday list is to protect the Corporation from dealing with an
undesirable party. Reason for putting a party on holiday list may include any one or more of the
following:
If a Party
a. has indulged in malpractices such as bribery, corruption, fraud, pilferage, bid rigging/ price
rigging, injury to reputation or property of the Corporation, acting dishonestly causing
wrongful financial loss to the Corporation or wrongful gain to the Party.
b. is bankrupt or insolvent or is being dissolved or has resolved to be wound up or proceedings
for bankruptcy or liquidation or insolvency resolution process or winding up or dissolution
have been initiated.
c. has submitted fake, false, fabricated or forged documents/ certificates.
d. has substituted materials in lieu of materials supplied by IOCL or has not returned or has
short returned or has unauthorizedly disposed off materials/ documents/ drawings/ tools or
plants or equipment supplied by IOCL.
e. has obtained official company information or copies of documents, in relation to the tender/
contract, by questionable methods/ means.
f. has violated and circumvented the provisions of laws including labour laws/ regulations/
rules, safety, environment norms or other statutory requirements.
g. has indulged in construction and erection of defective works or supply of defective materials.
h. has not cleared IOCL’s dues.
i. has committed Breach of Contract or has failed to perform a contract or has abandoned the
contract.
j. has not accepted Notice of Acceptance/ Letter of Acceptance/ Purchase Order/ Work Order
after the same is issued by IOCL within the validity period and/ or as per agreed terms &
conditions.
k. After opening of Bid, the techno-commercially qualified and acceptable bidder withdraws/
revises his bid upwards within the validity period.
l. has parted with, leaked or provided confidential/ proprietary information of IOCL to any
third party without prior consent of IOCL.
m. if the security consideration, including questions of loyalty of the party to the State so
warrants.

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n. if the Director/ Owner of the party, proprietor or partner of the party is convicted by a Court
of Law under process of law for offences involving moral turpitude in relation to its business
dealings during the last five years.
o. If the party uses intimidation/ threatening/ coercion or brings undue pressure on IOCL or its
official(s) in acceptance/ performances of the job under the contract.
p. Poor/unsatisfactory performance of the party in one or several contracts.
q. Transgression of Integrity Pact for which in the opinion of IOCL makes it undesirable to deal
with the party.
r. Based on the findings of the investigation report of any investigative agency, Government
Audit, any law enforcement agency or government regulator.
s. If CBI, or any other investigating agency(ies) recommends such a course along with credible
evidence in respect of a case under investigation and if a prima-facie case is made out that
the party is guilty of criminal negligence or an offence involving moral turpitude in relation
to business dealings which if established may result in business dealing with it being banned.
t. Any other ground which in the opinion of the Corporation makes it undesirable to deal with
the Party.

Note:
1. The grounds/reasons for holiday listing indicated above are merely illustrative.
2. For further details, please refer to “Holiday Listing Guidelines of Indian Oil Corporation
Limited” on [Link]
3. IOCL reserves the right to take action for Holiday listing of bidder in line with Holiday
Listing Guidelines of Indian Oil Corporation Limited / GeM Incidence Management Policy.

17. INTEGRITY PACT:

(This clause is required only if the value of tender is more than Rs 10 crores.)
All the prospective bidders, willing to participate in tenders of Rs. 10 Crore and above, shall have
to necessarily sign the IP in order to be eligible to participate in tender.
Tenderer shall sign and submit along with the technical bid in all respects the enclosed Integrity
Agreement, which is an integral part of tender documents, failing which the tenderer will stand
disqualified from the tendering process.
The Integrity Pact Agreement consists of (1) Covering letter from the bidder to Indian Oil
Corporation Limited and (2) Integrity Agreement consisting of 10 (Ten) articles. Bidders should
mandatorily sign and submit the complete Integrity Pact Agreement consisting of both the
Covering letter as well as the Integrity Agreement consisting of 10 articles in order to be eligible
for further evaluation in this tender.
The signed IP should be complete in all respect and is required to be uploaded in the e-tender
portal along with the Bid. Bid not having the duly signed IP agreement attached with it will be
given one opportunity before being summarily rejected. Partial submission of IP document will
also not be considered.
Integrity Pact agreement is to be signed by proprietor in case of Proprietary firm and by all the
partners in case of Partnership firm, or the authorised signatory in case of a Company.
If the Bidder is Consortium/ Unincorporated Joint Venture/Association of Persons, formed solely
for the purpose of executing the tendered project, IP is to be signed by all the Partners/ members
of such Consortium/Unincorporated Joint Venture/Association of Persons.
However, in case Bidder is a Company including Joint Venture Company, IP must be signed by
representative of the Company duly authorized by Board Resolution.

18. USE OF WHITE/ERASING FLUID IN TENDERS:

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In case the bidder has been asked to submit price bid/price implication in physical form, the use
of white/erasing fluid/over-writing for correcting the rates is banned. Wherever the rates are
corrected with white/erasing fluid, the bids may be treated invalid and will be liable for
rejection.

19. PREFERENTIAL BIDDING GUIDELINES:

For claiming Purchase preference (if applicable as per NIT) , Bidder must submit the Undertaking
and Declarations as specified in the tender along with supporting documents (as applicable) for
opted preferential Category.

20. PURCHASE PREFERENCE (PPP-MSE):

20.1 Purchase preference and broad allocation applicable under only PPP-MSE Order 2012:

Purchase preference shall be applicable against procurement of goods produced and services
rendered by Micro and Small Enterprises and the preference to MSEs shall not be applicable
for works contracts.

The registration certificate submitted must specify the category of enlistment as “Micro or
Small enterprise”. Purchase preference if applicable shall be as specified under evaluation
criteria.

The modality for granting purchase preference under Public Procurement Policy for Micro
and Small Enterprises (MSEs) Order, 2012 ( including later clarifications and Amendments
thereof) shall be as follows:

Case A : Where quantity can be split

Sr. No Condition Remarks

1 When MSE is L1 100% order to MSE

2 When MSE is not L1 but 25 % of tendered quantity through MSE subject to

within a price band of L1 + matching of L1 rates.
15 percent
In case more than 1 MSE within price band of
L1+15%, quantity to be split equally among all
parties agreeing to match L1 rates subject to 4%
allocation to MSE owned by SC/ST entrepreneurs
and 3% allocation to MSE owned by women.

For example, say 8 MSE parties fall within price

band of L1 + 15% with only 1 SC/ST MSE and 1
Women MSE and all agreeing to match L1 rates,
SC/ST MSE to be awarded 4 % of quantity and
Women owned MSE to be awarded 3% of quantity.
Balance 18% quantity to be split equally among
other 6 MSES.

In tenders where only one women SC/ST

entrepreneur qualifies for purchase preference,

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she may be allocated quantity for both SC/ST as

well as Women i.e. minimum 7 %.

Allocation of 4% for SC/ST MSE & 3% for Women

owned MSE are the minimum allocation. In case
such bidders get higher allocation in normal
course as being a MSE bidder, the higher
allocation shall be provided to such bidders.

However, if it is not feasible to split 25 % quantity

into many parts, the exact number of parts in
which work can be divided shall be as specified in
the bid under evaluation criteria.

Case B : Where quantity cannot be split

Sr. No Condition Remarks

1 When MSE is L1 100% order to MSE

2 When MSE is not L1 but 100 % of tendered quantity to the lowest quoted
within a price band of L1 + MSE within L1 + 15 percent subject to matching
15 percent of L1 rates.

If MSE does not match the L1 rate – 100% quantity

to be awarded to L1

20.2 The above broader allocation is applicable under only PPP-MSE Order 2012 ( i.e when
stand-alone MSE purchase Preference is applicable for the tender). Concurrent application
of PPP- MSE Order, 2012 and PPP-MII Order,2017 is covered in subsequent para under this
section. Please also refer topic “SUBMISSION OF BID AS MSE” covered in subsequent para
under this section.

20.3 The final allocation of quantity shall be done as per methodology specified in the bid
under evaluation criteria in ATC Document (Part-A)

21. PURCHASE PREFERENCE (PPP-MII):

21.1 The Public Procurement (Preference to Make in India) Order 2017, revision dt. 16.09.2020
(aka PP-MII Order 2017) read in conjunction with MoPNG Letter No. FP-20013/2/2017-FP-
PNG-Part (4) (E-41432) dt 26.04.2022 & 26.03.2024 and subsequent revision vide DPIIT
Order No. P-45021/2/2017-PP (BE-ll)-Part(4)[Link] Dated 19.07.2024 circulated vide
MOPNG Letter No. No.: FP-20013/24/2017-FP-PNG (E-17013) Dated 21.08.2024, shall be
applicable for all tenders as detailed hereunder.
SN Description Details
1 The PP-MII Order 2017 shall be applicable for procurements of Goods, Works and
Services. HP-HT operations in upstream oil and gas business activities shall be
exempted from applicability of the Order
2 The applicable definitions shall be as covered under Public Procurement
(Preference to Make in India) Order 2017 –Revision dated 16.09.2020 along with
explanatory notes for calculations of local content vide revision Dated 19.07.2024
issued by DPIIT, which includes the following but not limited to

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SN Description Details
‘Local content’ means the amount of value added in India which shall, unless
otherwise prescribed by the Nodal Ministry, be the total value of the item
procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all customs duties) as a proportion of the total
value, in percent.

Explanatory notes for calculation of local content given above

a. Imported items sourced locally from resellers/distributors shall be excluded

from calculation of local content.

b. The license fees/royalties paid/ technical charges paid out of India shall be
excluded from local content calculation.

c. Procurement/Supply of repackaged/refurbished/rebranded imported

products as understood commonly shall be treated as reselling of imported
products and shall be excluded from calculation of local content. The
definition of repackaged/refurbished/rebranded imported products is as
follows;

'Refurbishing' means repair or reconditioning of an imported product does not

amount to manufacture because no new goods come into existence.

'Repackaging' means repacking of imported goods from bulk pack to smaller

packs would not ordinarily amount to manufacture of a new item.

'Rebranding' means relabeling or renaming or change in symbol or logo/makes

or corporate image of a company/ organization/ firm for an imported product
would amount to rebranding.

d. To ensure that imported items sourced locally from resellers/distributors are

excluded from calculation of local content; procuring entities to obtain from
bidders, the cost of such locally sourced imported items (Inclusive of taxes)
along with· break-up on license/royalties paid/technical expertise cost etc.
sourced from outside India. For items sold by bidder as reseller, OEM
certificate for country of origin to be submitted.

e. For contracts involving supply of multiple items, weighted average of all items
to be taken while calculating the local content.

Special treatment for Items covered under PLI Scheme shall be applicable as per
clause 2A of the revision Dated 19.07.2024 issued by DPIIT as under:

The manufacturers manufacturing an item under PLI scheme shall be treated as

deemed Class II local supplier for that item unless they have minimum local
content equal to or higher than that notified for Class-I local supplier for that
Item, provided the manufacturer has received incentive from the concerned PLI
Ministry for the Item. The above shall be applicable for the specific time period
only, as notified by concerned PLI Ministry.
3 Supplier Classification:
a. Class-I Local supplier LC >= 50%
b. Class-II Local supplier LC >=20% < 50%
c. Non-Local supplier LC < 20%

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SN Description Details
d. Deemed Class-II Local supplier As per clause 2A of PP-MII Order
revision Dated 19.07.2024
4 Margin of Purchase preference (PP- MII) 20% (i.e. L1+20%)
5 Exemption of small purchases:

Procurements where the estimated tender value to be procured is less than Rs 1

crore shall be exempt from this order. However, it shall be ensured that
procurement is not split for the purposes of avoiding the provisions of the Order.

The following provisions are also to be noted for establishing bidding eligibility in
all relevant tenders:

1. Even though the limit has been raised to Rs. 1 cr. in case of MoPNG (OM
dated 26.04.2022), for tender estimates between Rs 5 lakhs and Rs 1 Crore
(both figures inclusive), the following shall be noted for immediate
compliance:
a) All domestic bidders can participate in the tender irrespective of local
content and no preference is applicable to Class-I bidders.
b) However, if the items are notified as having sufficient local capacity and
local competition under clause 3 (a) of the PPP-MII Order 2017 - Revision
dtd. 16.09.2020 by the Nodal Ministry, then ONLY Class-I local suppliers
shall be eligible to participate.

2. Vide Order no: FP-20013/9/2018-FP-PNG-Volume (2) (E-36679) dated

12.07.2022, MoPNG has granted certain exemption of Make In India clause
granted by the Ministry with respect to procurement of 29 numbers of ICT
items under provisions of Clause 14 of the PPP-MII Order 2017. The
exemption granted is valid up to 11th July 2023 and may be reviewed any
time by the Ministry.
While following the exemption of Make In India clause granted by MoPNG
with respect to procurement of Information and Communication Technology
(ICT) items, the following conditions shall be ensured:
a) Procuring entities shall do a thorough check for availability of ICT items
as per the Make in India (MII) conditions before going for the exempted
category of procurement.
b) All domestic bidders can participate in the tender irrespective of local
content and no preference is applicable to Class-I bidders for the
exempted ICT items’ tenders.
c) However, if at any point of time, any of the exempted items are notified
as having sufficient local capacity and local competition under clause 3
(a) of the PPP-MII Order 2017 - Revision (dtd. 16.09.2020) by the Nodal
Ministry, then ONLY Class-I Local suppliers shall be eligible to participate
for tender with estimate of Rs. 5 lac and above.

3. Exemption In sourcing of spares and consumables of closed systems :

Procurement of spare parts, consumables for closed systems and
Maintenance/ Service contracts with Original Equipment
Manufacturer/Original Equipment Supplier/Original Part Manufacturer shall
be exempted from this Order.

The list of Items having sufficient local capacity and Competition under 3(a) of
the PPP-MII Order 2017 across the Ministries can be accessed in the DPIIT website
[Link]

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SN Description Details
6 Eligibility of suppliers for different types of procurement:

a) In procurement of all goods, services or works in respect of which the Nodal

Ministry/Department has communicated that there is sufficient local
capacity and local competition, only Class-I local supplier shall be eligible to
bid irrespective of purchase value. Hence, Class-II local suppliers or Non local
suppliers, including MSE’s which are Class-II local supplier/Non local suppliers
are not eligible to bid.
b) In cases items are neither notified for sufficient local capacity nor reserved
exclusively for procurement from MSEs, only Class-I local supplier and Class-
II local supplier shall be eligible to bid in procurements undertaken by
procuring entities, except where Global tender enquiry has been issued. In
global tender enquiries, Non local suppliers shall also be eligible to bid along
with Class-I local suppliers and Class -II local suppliers.
7 Verification of local content:
a) The Class-I local supplier/Class-II local supplier at the time of tender,
bidding or solicitation shall be required to indicate percentage of local
content and provides self -certification that the item offered meets the
local content requirement for Class-I local supplier/Class-II local supplier,
as the case may be. They shall also give details of the location(s) at which
local value addition is made.
b) In cases of procurement for a value in excess of Rs 10 crores, the Class-I
local supplier/Class-II local supplier shall be required to provide a
certificate from the statutory auditor or cost auditor of the company (in
the case of companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of suppliers other than companies) giving
the percentage of local content.
c) The bidder shall give self-certification for local content in the quoted item
(goods/works/services) at the time of tendering. However, at the time of
execution of the project, for all contracts above INR 10 Crore, the
contractor/ supplier shall be required to give local content certification
duly certified by cost/ chartered accountant in practice. For cases where
it is not possible to provide certification by Cost/Chartered Accountant at
the time of execution of project, the supplier shall be permitted to provide
the certificate for local content from Cost/ Chartered Accountant after
completion of the contract, within time limit acceptable to the procuring
entity. In case the contractor/ supplier does not meet the stipulated local
content requirement and the category of the supplier changes from Class-I
to Class-II/ Non-local or from Class-II to Non-local, a penalty upto 10% of
the contract value may be imposed. However, contract once awarded shall
not be terminated on this account.
d) False declarations will be in breach of the Code of Integrity under Rule
175(1)(i)(h) of GFR for which a bidder or its successors can be debarred for
up to two years along with such other actions as may be permissible under
law.
e) A supplier who has been debarred by any procuring entity for violation of
this Order shall not be eligible for preference under this Order for
procurement by any other procuring entity for the duration of the
debarment. The debarment for such other procuring entities shall take
effect prospectively from the date on which it comes to the notice of other

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SN Description Details
procurement entities, in the manner prescribed under Clause 9(i) of the
revised PP-MII Order dated 19.07.2024
8 Reciprocity Clause:
Entities of countries which have been identified by the nodal Ministry/
Department as not allowing Indian companies to participate in their Government
procurement for any item related to that nodal Ministry shall not be allowed to
participate in Government procurement in India for all items related to that
nodal Ministry/Department, except the list of items published by the
Ministry/Department permitting their participation. The term entity of a country
shall have the same meaning as under the FDI policy of DPIIT as amended from
time to time.
9 All Bidders participating in the tender shall submit LC declaration as Class I, Class
II or Non-Local supplier. The formats for Bidders Declaration /Undertaking on
classification regarding Local Content (LC) are attached.

Sector specific relaxation granted under para 2(b) of the MOPNG Letter No: FP-
20013/2/2017-FP-PNG-Part (4) (E-41432) Dated 26.04.2022 regarding Local value
addition through services such as transportation, insurance, installation,
commissioning, training and after sales services support like AMC/CMC etc for
consideration in the local content calculation, shall be limited to the items (as
listed in MOPNG letter No: FP-20013/2/2017-FP-PNG-Part (4) (E-41432) dated
26.03.2024) to be installed/ operated in flammable environment of oil and gas
process industry.
10 Purchase preference and broad allocation applicable under only PP-MII Order
2017:

A) Subject to the provisions of the PP-MII Order 2017 and to any specific
instructions issued by the Nodal Ministry or in pursuance of the Order, purchase
preference shall be given to Class -I local supplier in procurements undertaken by
procuring entities as per the eligibility of suppliers for different types of
procurement in the manner specified hereunder:

a) In procurement of goods or works which are divisible in nature, the Class -I

local supplier shall get purchase preference over Class-II local supplier as well
as Non-Local supplier as per the following procedure:

i) Among all qualified bids, the lowest bid shall be termed as L1. If L1 is Class
-I local supplier, the contract for the full quantity will be awarded to L1.
ii) If L1 bidder is not a Class -I local supplier, 50 % of the order quantity shall
be awarded to L1. Thereafter, the lowest bidder among the Class-I local
supplier will be invited to match the L1 price for the remaining 50 %
quantity subject to the Class-I local suppliers quoted price falling within
the margin of purchase preference and contract for that quantity shall be
awarded to such Class -I local supplier subject to matching the L1 price. In
case such lowest eligible Class -I local supplier fails to match the L1 price
or accepts less than the offered quantity, the next higher Class -I local
supplier within the margin of purchase preference shall be invited to match
the L1 price for remaining quantity and so on, and contract shall be
awarded accordingly. In case some quantity is still left uncovered on Class-
I local suppliers, then such balance quantity may also be ordered on the L1
bidder.
b) In the procurement of goods or works which are not divisible in nature and

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SN Description Details
in the procurement of services where the bid is evaluated on price alone, the
Class -I local supplier shall get purchase preference over Class-II local supplier
as well as Non-Local supplier as per the following procedure:

i) Among all qualified bids, the lowest bid shall be termed as L1. If L1 is Class
-I local supplier, the contract for the full quantity shall be awarded to L1.
ii) If L1 bidder is not a Class -I local supplier, the lowest bidder among the
Class-I local supplier will be invited to match the L1 price subject to the
Class-I local suppliers quoted price falling within the margin of purchase
preference and contract shall be awarded to such Class -I local supplier
subject to matching the L1 price.
iii) In case such lowest eligible Class -I local supplier fails to match the L1 price
the Class -I local supplier with the next higher bid within the margin of
purchase preference shall be invited to match the L1 price and so on, and
contract shall be accorded accordingly. In case none of the Class -I local
supplier within the margin of purchase preference matches the L1 price,
the contract may be awarded to the L1 bidder.
c) Class -II local supplier will not get purchase preference in any procurement
undertaken by procuring entities.

B) Applicability in tenders where contract is to be awarded to multiple bidders:

In tenders where contract is awarded to multiple bidders subject to matching of
L1 rates or otherwise, the Class- -I local supplier shall get purchase preference
over Class-II local supplier as well as Non-local supplier as per the following
procedure:
a) In case there is sufficient local capacity and competition for the item to be
procured, as notified by the nodal Ministry, only Class-I local suppliers shall
be eligible to bid. As such, the multiple suppliers, who would be awarded
the contract should be all and only Class-I local suppliers.
b) In other cases, Class-II local suppliers and Non-local suppliers may also
participate in the bidding process along with Class-I local suppliers as per
the provisions of this order.
c) If Class-I local suppliers qualify for award of contract for at least 50 % of
the tendered quantity in any tender, the contract may be awarded to all
the qualified bidders as per award criteria stipulated in the bid documents.
However , in case Class -I local suppliers do not qualify for award of
contract for at least 50% of the tendered quantity , purchase preference
should be given to the Class-I local supplier over Class-II local
suppliers/Non local suppliers provided that their quoted rate falls within
20% margin of purchase preference of the lowest quoted bidder considered
for award of contract so as to ensure that the Class-I local suppliers taken
in totality are considered for award of contract for at least 50 % of the
tendered quantity.
d) First purchase preference has to be given to the lowest quoting Class-I local
supplier, whose quoted rates fall within 20 % margin of purchase
preference, subject to its meeting the prescribed criteria for award of
contract as also the constraint of maximum quantity that can be sourced
from any single supplier. If the lowest quoting Class-I local supplier does
not qualify for purchase preference because of aforesaid constraints or
does not accept the offered quantity, an opportunity may be given to next
higher Class-I local supplier, falling within 20 % margin of purchase
preference and so on.

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SN Description Details
11 Other provisions shall be as per the details given in the Public Procurement
(Preference to Make in India) Order 2017 including amendments issued from time
to time

21.2 The guidelines for concurrent application of PPP- MSE Order, 2012 and PPP-MII
Order,2017 shall be as follows:

21.2.1 The Class-I local suppliers, under PPP-MII Order, participating in any tender, may or
may not be MSE’s, as defined under the MSME Act. Similarly, MSE’s participating in any
tender, may or may not be Class-I local suppliers. Suppliers may be categorized in the
following four broad categories for consideration or applicability of purchase
preference:
Category Terminology
Supplier is both MSE & Class -I local supplier “ MSE Class-I local supplier”
Supplier is MSE but not Class -I local “ MSE but non -Class-I local
supplier supplier”
Supplier is not MSE but is Class -I local “ Non-MSE but Class-I local
supplier supplier”
Supplier is neither MSE nor Class -I local “Non MSE non -Class-I local
supplier supplier”

21.2.2 The applicability of PPP-MSE Order and PPP-MII Order in various scenarios, involving
simultaneous purchase preference to MSE and Class -I local suppliers under PPP-MSE
Order and PPP-MII order respectively, shall be as under:
(A) Items covered under Para 3(a) of PPP-MII Order 2017 for which Nodal Ministry
has notified sufficient local capacity and competition: For these items , only Class-
I local suppliers are eligible to bid irrespective of purchase value. Hence Class -II
local suppliers or Non-local suppliers, including MSEs which are Class -II local
suppliers/ Non-local suppliers are not eligible to bid. Possible scenarios can be as
under:
i) L1 is “MSE Class-I local supplier”- 100 % of the tendered quantity to be
awarded to L1
ii) L1 is “Non-MSE but Class -I local supplier”- Purchase preference is given to
MSEs as per PPP-MSE Order. Balance quantity is to be awarded to the L1
bidder

(B) Items reserved exclusively for procurement from MSE as per PPP-MSE Order:
These items are reserved exclusively for purchase from MSE. Hence, non MSE are
not eligible to bid for these items. Possible scenarios can be as under:
i) L1 is “MSE Class-I local supplier”- 100 % of the tendered quantity is to be
awarded to L1
ii) L1 is “MSE Non Class -I local supplier”- Purchase preference is to be given to
class-I local supplier as per PPP-MII Order. Balance quantity is to be awarded
to the L1 bidder.
(C) If items are neither notified for sufficient local capacity nor reserved for MSE’s,
then the process will be as follows:

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(Ca) Items covered under Para 3A(b) of PPP-MII Order are divisible items and both
MSE’s as well as Class-I local suppliers are eligible for purchase preference. Possible
scenarios can be as under :
i) L1 is “MSE Class-I local supplier”- 100 % of the tendered quantity to be
awarded to L1
ii) L1 is “Non-MSE but Class -I local supplier”- Purchase preference is to be
given to MSEs , if eligible, as per PPP-MSE Order. Balance quantity is to be
awarded to the L1 bidder
iii) L1 is “MSE but Non Class-I local supplier”- Purchase preference is to be given
to Class -I Local suppliers, if eligible, as per PPP-MII Order. Balance quantity
is to be awarded to the L1 bidder.
iv) L1 is “Non-MSE non Class-I local supplier”- Purchase preference is given to
MSEs as per PPP-MSE Order. Thereafter ,purchase preference is to be given
to Class -I Local suppliers for 50 % of the tendered quantity minus quantity
allotted to MSE above” as per PPP-MII Order. For the balance quantity,
contract is to be awarded to the L1 bidder.(Refer to the illustrative example
given below*
*Example explaining applicability in scenario explained in para 21.2.2 (Ca)
(iv)
(Scenario: Divisible items, both MSEs as well as Class-I local suppliers eligible
for purchase preference and L-1 is “Non-MSE non-Class-l local supplier”)
Item – Desktop computer
Qty – 50 Nos.
Details of bids received:

Sr. Name of Rates Price Status of bidder

No. bidder quoted Ranking
1. A 100 L1 “Non-MSE non-Class-I local
supplier”
2. B 110 L2 “Non-MSE but Class-I local
supplier”
3. C 112 L3 “MSE but non-Class-I local supplier”
4. D 115 L4 “Non-MSE but Class-I local
supplier”
5. E 118 L5 “MSE but non-class-I local supplier”
6. F 120 L6 “MSE Class-I local supplier”

1. In this case, first purchase preference is to be given to MSEs as per PPP-

MSE Order for 25% of tendered quantity of 50 Nos. i.e., 12.5 Nos.
(rounded off to the next whole number say 13 Nos.). Accordingly, invite
L3 (bidder C), whose quoted rates falls within 15% margin of purchase
preferences to match L1 price i.e., Rs.100/- for quantity of 13 Nos.
Bidder “E” and “F”, although MSEs, will not get purchase preference
since their quoted rates don’t fall within 15% margin of purchase
preference. Bidder C will be considered for order of 13 Nos. on
confirmation of reduction of price.
2. For 50% of balance quantity of 37 number (tendered quantity of 50 - 13
awarded to bidder C; assuming bidder C has confirmed to accept L1

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rates), purchase preference will be given to lowest Class-I local supplier

as per PPP-MII Order. Accordingly, bidder B will be invited to match L-1
price for 50% of 37 Nos. i.e., 18.5 (say 19 Nos of computers). If bidder
“B” does not accept the L1 price i.e., price of Rs. 100/- per unit, next
higher Class-l local supplier falling within 20% margin of purchase
preference, i.e., bidder “D” may be invited to match L-1 price for 19
Nos. of computers and so on.
3. For remaining quantity i.e., 18 Nos (50-13-19), the contract will be
awarded to lowest quoting bidder i.e., Bidder “A”, who is L-1 in the
example.
Note : In case of works, purchase preference shall not be applicable for MSE bidders
as per PPP-MSE Order

(Cb) Items covered under Para 3A(c) of PPP-MII Order are non-divisible items and
both MSE’s as well as Class-I local suppliers are eligible for purchase preference.
Possible scenarios can be as under:

i) L1 is “MSE Class-I local supplier”- Contract is to be awarded to L1

ii) L1 is not “MSE Class-I local supplier” but the “MSE Class-I local supplier” falls
within 15 % margin of purchase preference - Purchase preference is to be
given to lowest quoting “MSE Class-I local supplier” . If lowest quoting “MSE
Class-I local supplier” does not accept L-1 rates, the next higher “MSE Class-
I local supplier” falling within 15 % margin of purchase preference is to be
given purchase preference and so on.
iii) If conditions mentioned in sub paras (i) and (ii) above are not met i.e L1 is
neither “MSE Class-I local supplier” nor “MSE Class-I local supplier” is eligible
to take benefit of purchase preference, the contract is to be awarded
/purchase preference to be given , in different possible scenarios as under:
A)L1 is “MSE but non Class-I local supplier “ or “ Non- MSE but Class-I local
supplier- Contract is to be awarded to L1
B) L1 is “Non- MSE non-Class-I local supplier”- First purchase preference to
be given to MSE as per PPP-MSE Order. If MSE not eligible/does not accept-
purchase preference to be given to Class-I Local supplier as per PPP-MII
Order. If Class-I Local supplier also not eligible/does not accept- contract
to be awarded to L1

Note: In case of works, purchase preference shall not be applicable for MSE bidders
as per PPP-MSE Order.

(D) Items reserved for both MSE’s and Class-I local suppliers: These items are reserved
exclusively for purchase from MSE’s as well as Class-I local suppliers. Hence only “MSE
Class-I local supplier” are eligible to bid for these items. Non -MSEs/Class-II local
suppliers/Non-local suppliers cannot bid for these items. Hence the question of
purchase preference does not arise.

(E) Non -local suppliers, including MSE falling in the category of Non-local suppliers shall
be eligible to bid only against Global Tender Enquiry.

(F) All Bidders participating in the tender shall submit LC declaration against qualifying

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as
Class I, Class II or Non-Local supplier as per formats attached

(G) Allocation proposed to eligible preferential bidder(s) shall be subject to matching

the offered L1 rates.

(H) In case of tie (i.e. identical rates quoted by more than one party) among preferential
bidders at other than L1 position, the offer for matching L1 rates shall be exercised
in the following order of precedence

• MSE Class -I local supplier followed by MSE non-Class -I local supplier, then Non
MSE Class-I Local supplier and finally Non MSE non-Class-I Local supplier.
• In case of tie between two bidders of same category, the bidder with the highest
turnover in any of the last three years as submitted against Turnover criteria shall
be considered for preference.
For tie at L1 position, Tie breaker criteria as specified in NIT shall be followed.
21.2.3 The final allocation of quantity shall be done as per methodology specified in the bid
under evaluation criteria in ATC Document (Part-A)

21.3 General Guidelines on Preferential Bidding:

I) In cases of Public Tenders, if the bidder does not provide declaration against being
a Class I or Class II Bidder (as per specific requirement of bid eligibility for
procurements defined in above sections) even after giving opportunity, the bid shall
be rejected as being from a non -eligible bidder. For Global Tenders, if the bidder
does not provide declaration against being a Class I Bidder (even after giving
opportunity), the bidder shall be treated as a Non-Local Supplier / Non-Preferential
Bidder.
II) In case of procurement of any of the items appearing in the list of 358 items (as
amended from time to time) reserved for procurement of from MSEs, only MSE
bidders are eligible to bid. Offers of Non-MSE suppliers shall be summarily rejected.
III) Following shall be applicable for tenders invited for procurement of Goods on
GeM portal (where bidder can opt for any one or both options for purchase
preference in the portal):
• For availing purchase preference, bidders must update the necessary details in
their profile in the GeM-tender portal. Bidder who have updated details in bidder
profile under any of the preference categories will get option to avail preferential
benefit and must upload supporting document(s) for availing preferential benefit,
based upon the tender provisions regarding applicable preference categories.
Merely updating the bidder Profile does not make the bidder eligible for Purchase
Preference for this tender. The bidder must select “Yes” option in “Avail
Preferential Bidder Option” and upload the valid preference document for the
same, for claiming preferential benefit.
• Bidders intending to claim preferential benefit must choose the applicable
option(s) at the designated section of the tender portal while participating in
the tender and must also upload the supporting document(s) for availing
preferential benefit along with the tender. For example, if a bidder claims
purchase preference as both MSE as well as Class I local supplier, then in addition
to selecting the option in the GEM portal for both (PPP MSE & PPP MII), they must
upload documents establishing their status as both MSE & Class -I local supplier.

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• Currently, the GeM portal allows any one or both options to be chosen by the
preferential bidder for availing purchase preference (i.e. either under PPP-MII or
PPP-MSE or both). Considering this, following modality shall be followed for
concurrent application.
a) The benefits of purchase preference(s), both during the RA as well as the
allocation process, shall ONLY be based on the option exercised by the
preferential bidders in the designated section of the portal and subject to
submitting the relevant supporting document(s) for availing preferential
benefit.
b) Further bidders who do not claim preferential benefit at the designated
section of GEM-tender portal while participating in the tender, shall not be
considered for any preferential benefit in that tender even if supporting
document for availing preferential benefit has been submitted along with the
tender. In all such cases, bidder shall be treated as a Non preferential bidder
for the purpose of availing purchase preference.
Therefore, the methodology with respect to acceptance of claimed
“Preference Category” in preferential bidding for GeM tenders shall be as per
the following matrix:
Case Selection of Valid Modality for preferential treatment
preference document for
category preferential
in GeM- treatment to
portal by be submitted
bidder by bidder
1 YES YES To be considered for preferential
treatment, wherever applicable
2 YES NO Will not be considered for
preferential treatment
3 NO YES Will not be considered for
preferential treatment.
Even if such bidder is lowest, other
valid preferential bidders in the
margin of preference, shall be
allowed price matching as per the
relevant preference policy.
4 NO NO Will not be considered for
preferential treatment.

IV) Following shall be applicable for tenders invited for procurement of

Services on GeM portal:
• For availing purchase preference, bidders must update the necessary details
in their profile in the GeM-tender portal. Bidders who have updated details in
bidder profile under any of the preference categories will get option to avail
preferential benefit and must upload supporting document(s) for availing
preferential benefit, based upon the tender provisions regarding applicable
preference categories. Merely updating the bidder Profile does not make the
bidder eligible for Purchase Preference for this tender. The bidder must select
“Yes” option in “Avail Preferential Bidder Option” and upload the valid
preference document for the same, for claiming preferential benefit.

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• Currently, bidders do not have option to select purchase preference for PPP
MII in the GeM portal and the system allows preference for PPP-MSE only.
Considering this, following modality shall be followed for concurrent
application.
a) Bidders intending to claim preferential benefit must choose the applicable
option at the designated section of the GEM tender portal while
participating in the tender and also upload the supporting document(s) for
availing preferential benefit along with the tender.
For example:
i) If a bidder claims purchase preference as a “MSE Class I local supplier”,
then in addition to selecting the option in the GeM portal for PPP MSE,
bidder must upload documents establishing their status as both MSE &
Class -I local supplier.
ii) If a bidder’s status is a “Non-MSE Class I local supplier”, then Purchase
preference for PPP MII is auto-selected by the system and bidder must
upload documents establishing their status as “Class -I local supplier” only.
iii) All Bidders must upload documents towards local content.

b) The benefits of purchase preference(s), both during the RA as well as the

allocation process, shall ONLY be based on the option exercised by the
preferential bidders in the designated section of the portal and subject to
submitting the relevant supporting document(s) for availing preferential
benefit.
c) Bidders who do not claim preferential benefit at the designated section of
GEM-tender portal for PPP MSE, shall not be considered for any
preferential benefit for PPP MSE in that tender even if supporting
document for availing preferential benefit has been submitted along with
the tender. In all such cases, bidder shall be treated as a “Non MSE-Class
1 bidder” subject to uploading documents for establishing their status as
“Class -I local supplier.”
Therefore, the methodology with respect to acceptance of claimed
“Preference Category” in preferential bidding for GeM tenders shall be
as per the following matrix:
Case Selection of Valid Modality for preferential
preference document for treatment
category preferential
in GeM- treatment to
portal by be submitted
bidder by bidder
1 YES YES To be considered for
preferential treatment,
wherever applicable
2 YES NO Will not be considered for
preferential treatment
3 NO YES Will not be considered for
preferential treatment.
Even if such bidder is lowest,
other valid preferential
bidders in the margin of

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Case Selection of Valid Modality for preferential

preference document for treatment
category preferential
in GeM- treatment to
portal by be submitted
bidder by bidder
preference, shall be allowed
price matching as per the
relevant preference policy.
4 NO NO Will not be considered for
preferential treatment.

V) It may be noted that only qualified preferential bidders who have quoted
within the applicable purchase preference margins, submitted valid
documents towards establishing their status for purchase preference and
agree to match the offered L-1 price shall only be considered for allocation
as per terms and conditions of the tender.
VI) If it is not feasible to split MSE allocation into many parts, the exact number
of parts in which the work can be divided keeping sub allocation target for
SC/ST (4%) and Women MSEs (3%) as specified in NIT.
For Purchase Preference under PPP 2012 in the above listed scenarios, sub
allocation between SC/ST and Women MSE shall be done from within the MSE
allocation in all cases where MSE is not L1.

22. BID SECURITY DECLARATION:

Bidders to note that wherever Bid Security Declarations are allowed in NIT in lieu of EMD, there
shall be no requirement of paying EMD. However, all bidders shall be required to mandatorily
submit the Bid Security Declaration in lieu of EMD as per the standard format attached.

The requirement of submission of Bid Security Declaration shall also be applicable on bidders
who are exempted from payment of EMD (MSEs as per PPP, Start-ups, CPSEs and JVs).

The bid shall be liable to be rejected if Bid Security Declaration in lieu of EMD is not uploaded
in E-Tendering portal (GeM Portal) on or before tender submission date and time. (ANNEXURE-
K)
23. AMBIGUITY/INCOMPLETE DOCUMENT AGAINST PQC DOCUMENT:

Notwithstanding any other condition / provision in the tender documents, bidders are required
to submit complete documents pertaining to Pre-Qualification Criteria (PQC) along with their
offer.
IOC reserves the right to complete the evaluation, with or without seeking any additional
supporting documents/clarifications.

24. ORIGINAL DOCUMENT VERIFICATION:

Submission of authentic documents is the sole responsibility of the bidder. However, IOCL
reserves the right to verify the PQC documents submitted by the bidder(s).
For the purpose of verification, bidders shall submit complete client details with names,
address, phone numbers and e-mail id with the understanding that IOCL may contact the

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bidder’s client to verify the PQC documents. Wherever required, bidders may have to submit
notarized /verified copy of PQC documents. Non submission of these documents, if asked for,
will lead to rejection of offer.
If at any stage, the PQC documents are found to be forged / false / fake, suitable penal action
shall be taken, which may include offer rejection, EMD forfeiture / invoking of Bid Security
Declaration clause, termination of order (wherever applicable) and holiday listing / suspension
(in GeM) of the bidder / vendor.
Document verification with originals may be carried out after opening of price bids for the
short-listed bidder(s) only.
Shortlisted bidder(s) shall be required to present their original documents to the tender inviting
authority within a period of 7 days from the date of intimation by IOCL. In the event of failure
of such bidder(s) to get the documents verified as per the specified time schedule, the EMD of
the bidder(s) shall be forfeited/ Bid Security Declaration clause shall be invoked.
Verification shall normally be undertaken at the office of the Tender Inviting Authority.

25. Acceptance of PQC documents of Related / Unrelated Parties:

25.1 The experience of bidding entity only will be considered unless or otherwise specified in
NIT. In normal cases under the scenario “The experience of bidding entity only will be
considered “ the following shall also be applicable while considering experience of bidding
entity.

SN Scenario Financial criteria Techno-commercial

experience criteria
1 A New Entity formed as New Entity can use New Entity can use previous
a result of merger of previous financial experience of any of the
two entities and the credentials of any of the merged companies till 5 years
earlier entity cease to merged companies till 5 from the date of such merger
exist years from the date of or of its own.
such merger or of its
own.
2 (i) An entity (A) takes (i) Bidder can use (i) Bidder can use previous
over another entity previous financial experience of company taken
(B) and B ceases to credentials of company over by bidder.
exists. taken over by bidder or
of its own.
(ii) Bidder can use previous
(ii) An entity (A) takes (ii) Bidder cannot use experience of the business
over another entity previous financial vertical which has been taken
(B) partially and the credentials of specific over by bidder (not entire
said part of entity (B) business vertical of experience of entity B).
vertical specific company taken over by
business vertical of B bidder.
ceases to exist.

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3 A new entity formed has The new entity can use The new entity can use the
taken over all the assets the financial credentials experience of the erstwhile
and liabilities of the of the erstwhile proprietorship concern/
Proprietorship concern proprietorship concern / partnership firm.
or partnership firm.
Partnership firm
wherein one or more of
the Directors of the new
entity were the
proprietor or partners
and the
erstwhile proprietorship
concern / partnership
firm has ceased doing
business after taking
over of the business by
the new entity.
Note :
1. While claiming the credentials of the erstwhile entity(ies) which cease to exist, against
above clauses, bidder to provide the additional supporting documents/approvals of
concerned authorities (e.g Registrar of Firm, Ministry of Corporate affairs etc as
applicable) in support of their claim regarding Merger / Take over / corporate
restructuring / conversion of Proprietorship/Partnership to company.

2. In addition, for 2(ii) the bidder has to supplement their claim [of having executed the
order(s) issued in the name of (B) and executed by the specific business vertical of (B)
which was later been taken over by (A) and business vertical of (B) ceases to exist] by
providing certificate from Statutory Auditor duly supported with certificate by the
Director of the bidding company.

25.2 The following clauses shall only be applicable when the same are explicitly specified in NIT
and duly elaborated along with necessary supporting documents to be sought from bidders
against respective scenario. In case these clauses are not explicitly specified in NIT (under
PQC /Evaluation criteria) the same shall not be applicable for the specific tender.

SN Scenario Financial criteria Techno-commercial

experience criteria
1 Parent company Financial credentials of Parent company can use the
(bidder) using the the bidding entity. credentials of its subsidiary.
credentials of its
subsidiary. Additional surety may be taken
from parent and subsidiary for
joint and several
responsibilities.
2 Indian subsidiary Financial credentials of Technical Credentials of the
(bidder) using the only the bidding entity Foreign Principals can be used.
credentials of its shall be used.
Foreign Principals/ However, the foreign principal
Foreign Parent Company shall be required to furnish a

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legally enforceable
undertaking that they shall be
jointly and severally liable,
along with the bidder, for the
successful execution of the
order, if awarded.

3 Demerger of an entity Demerged entity can use Demerged entity can use the
(B) from another entity the credentials of credentials of original/ parent
(A) by virtue of original/ parent entity entity to the extent of
corporate re- (based on the merit and demerger scheme as approved
structuring exercise circumstances of the by the competent authority
cases like type of and subject to verification
procurement, nature of (based on the merit and
de-merger, number of circumstances of the cases like
eligible bidders available type of procurement, nature of
etc) to satisfy the de-merger, number of eligible
eligibility criteria in the bidders available etc) to satisfy
tender for 5 years from the eligibility criteria in the
the date of incorporation tender for 5 years from the
of the new entity. date of incorporation of the
new entity. (However, same
experience cannot be used by
the original entity).
4 If Joint Venture To be considered as sole To be considered as sole bidder
company is the bidder bidder.

26. CLAUSE WITH RESPECT TO COUNTRIES WITH LAND BORDER WITH INDIA:
26.1 Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority. Copy of the
registration certificate is to be submitted along with the bid.
26.2 The Competent Authority for the purpose of registration shall be the Registration
Committee constituted by the Department for Promotion of Industry and Internal Trade
(DPIIT).
26.3 Registration should be valid at the time of submission of bids and at the time of
acceptance of bids. If the bidder was validly registered at the time of acceptance/
placement of order, registration shall not be a relevant consideration during contract
execution.
26.4 However, the bidders from those countries (even if sharing a land border with India) to
which the Government of India has extended lines of credit or in which the Government
of India is engaged in developmental projects may participate in this tender and they
shall not require any separate registration for the participation.
26.5 “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain
contexts) means any person or firm or company, including any member of a consortium
or joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such person,
participating in this tender.

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26.6 Bidder from a country which shares a land border with India for the purpose of this Order
means
i. Any entity incorporated, established or registered in such a country; or
ii. A subsidiary of an entity incorporated, established or registered in such a country;
or
iii. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
iv. An entity whose “beneficial owner” is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above.
26.7 “Beneficial Owner” in the above paragraph will be as under:
i. In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person(s), has a controlling ownership interest or who exercises control
through other means

Explanation –

a) “Controlling ownership interest” means ownership of, or entitlement to, more

than twenty five percent of shares or capital or profits of the company.

b) “Control” shall include the right to appoint the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements.

ii. In case of partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership.

iii. In case of an unincorporated association or body of individuals, the beneficial owner

is the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent
of the property or capital or profits of such association or body of individuals.

iv. Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official.

v. In case of a trust, the identification of beneficial owner(s) shall include

identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

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26.8 “Agent” is a person employed to do any act for another, or to represent another in
dealings with third persons.
26.9 The successful bidder shall not be allowed to sub-contract works to any contractor from
a country which shares a land border with India unless such contractor is registered with
the Competent Authority.
26.10 Bidders shall submit a certificate as per the Annexure regarding their compliance to the
above conditions. If such certificate given by a bidder whose bid is accepted is found to
be false, this would be a ground for immediate termination and further legal action in
accordance with law.

27. BIDDERS UNDER INSOLVENCY OR LIQUIDATION OR BANKRUPTCY PROCEEDINGS UNDER

INSOLVENCY AND BANKRUPTCY CODE, 2016:

Bidders shall submit declaration on proceedings under Insolvency and Bankruptcy Code,
2016. Offer will not be considered of bidder(s) in the following cases:
If insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed) or
liquidation or bankruptcy proceedings have commenced in respect of bidder in terms of
Insolvency and Bankruptcy Code, 2016 or any other applicable law (in cases where code is
not applicable) at any stage of evaluation of bid.
In case where the bid of the L-1 bidder is rejected on the aforesaid grounds during the period
between Price-Bid-Opening and Award of Contract, the bid of the next higher eligible bidder
will be considered for further processing. EMD of such bidder shall be returned.
Offer from following types of bidders will be liable for rejection
(a) Who are under liquidation, court receivership or similar proceedings.

(b) Whose insolvency resolution process or liquidation or bankruptcy proceeding is initiated

under the Code or any other applicable law (in case where Code is not applicable) at any
stage of evaluation of the bid. In case where the bid of the L-1 bidder is rejected on the
aforesaid grounds during the period between price-bid-opening and award-of contract,
then the bid of the next eligible bidder will be considered for further processing.

If bidder refuses or fails to share the information regarding their status of insolvency
resolution process or liquidation or bankruptcy proceeding as sought hereinabove, in their
bid or at any later stage, as applicable, their offer is liable to be rejected by IOCL and
without prejudice to any other remedy or action available with IOCL, IOCL shall forfeit the
Earnest Money Deposit provided by the bidder, in any form whatsoever.

IOCL reserves the right to cancel/terminate the contract without any liability on the part of
IOCL immediately on the commencement of insolvency resolution process or liquidation or
bankruptcy proceeding of any party under the contract.

If bidder fails to share or misrepresents the information regarding their status of insolvency
resolution process or liquidation or bankruptcy proceeding as sought hereinabove and the
bidder’s bid results in a contract, IOCL, without prejudice to any other remedy or action
available with IOCL, shall be within its rights to terminate the resultant contract.

A Declaration / Undertaking shall be submitted by the bidder in the attached format along
with the techno-commercial bid (ANNEXURE-B).

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28. BUSINESS TRANSACTION STATUS OF BIDDER:

27.1 Tenders who have transferred their ownership rights either in whole or in part to another
entity or under process of transfer shall intimate the same to IOCL in their letter head
while submitting the bid. IOCL reserves its right to reject the tender of any entity, which
has transferred its ownership rights in whole or in part or which is in process of transfer
without assigning any reason for such rejection.

27.2 If the tenderer refuses or fails to share the information regarding their status of any kind
of business transfer process/restructuring etc, in their tender or at any later stage, as
applicable, their tender is liable to be rejected by IOCL and without prejudice to any
other remedy or action available with IOCL. IOCL shall forfeit the Earnest Money Deposit
provided by the tenderer, in any form whatsoever.

For above, Bidder to give undertaking in his letter head whether he/she has transferred
his/her ownership rights either in whole or in part to another entity or under process of
transfer. A declaration/Undertaking shall be submitted by the bidder in the attached format
(ANNEXURE-G).

29. REJECTION

Bid is invalid and shall be rejected in the following circumstances:

(i) Does not fulfill minimum qualification criteria prescribed in the tender documents.
(ii) In case the bidder misrepresents facts or submits, forged, false or fabricated
document.
(iii) Bidder is holiday listed as per prevailing holiday listing guidelines.
(iv) If insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed)
or liquidation or bankruptcy proceedings have commenced in respect of bidder in terms
of Insolvency and Bankruptcy Code, 2016 or any other applicable law (in cases where
code is not applicable) at any stage of evaluation of bid.
(v) Influences tender outcome

Tender is also liable for rejection if the bidder:

(i) If the Earnest Money Deposit/ Bid Security Declaration is not deposited or exemption
document (if applicable) is not uploaded before closing date and time of tender.
(ii) Stipulates the validity period of the bids lesser to what is stated in the tender
document and refuses to extend
(iii) Stipulates his own conditions and refuse to withdraw them.
(iv) Does not disclose the full names and addresses of all his partners in the case of a
partnership concern.
(v) Does not fill in and sign the tender acceptance formats as specified in the tender.
(vi) (For service tenders only) Does not have his PF Code/ number from the Regional
Provident Fund Commissioner. However, PSUs / organizations having their own PF
trust / Govt. PF are considered ‘At Par’ with the bidders registered with the PF
authorities, the necessary documentary evidence shall be submitted along with the
bid.
(vii) If the bids are partly quoted.
(viii) If the bids contain unacceptable terms and conditions.

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(ix) Does not submit bid in the prescribed format making it impossible to evaluate the
bid.
(x) Indulges in tampering of tender documents
(xi) Does not conform to any tender condition which stipulates non-conformance of
tender conditions as a rejection criteria
(xii) Non-withdrawal of conditions imposed in tender document & conditions imposed
during negotiations after Price Bid opening.
(xiii) Offer from following types of bidder will not be accepted
(a) Who are under liquidation, court receivership or similar proceedings.
(b) Whose insolvency resolution process or liquidation or bankruptcy proceeding is
initiated under the Code or any other applicable law (in case where Code is not
applicable) at any stage of evaluation of the bid. In case where the bid of the
L-1 bidder is rejected on the aforesaid grounds during the period between price-
bid-opening and award-of- contract, then the bid of the next eligible bidder
will be considered for further processing.
(c) Consultant or their subsidiary company or companies under the management of
consultant for execution of the same project for which they are working as
consultant.
(d) Foreign bidders participating in domestic /national tender.
(e) Offer from joint bidders / consortium, unless specifically permitted in the
tender for such bidding.

30. Treatment of bidders under suspension during bidding process on GeM portal

Opening of un-priced/Priced bids, Evaluation /acceptance / rejection of bidders under

suspension shall be dealt in line with prevailing Incident Management on GeM.

31. SUBMISSION OF BID AS MSE (MICRO AND SMALL ENTERPRISE)

31.1 As per Section 7(4) of Ministry of MSME's Notification No. S.O2119(E) dated 26th June,
2020, an enterprise registered with any other organization under the Ministry of MSME
shall register itself under Udyam Registration. With effect from 01.07.2020, MSEs
registered under Udyam Registration are eligible to avail the benefits under the Policy.
31.2 All MSE bidder shall mandatorily submit valid UDYAM Registration Certificate for
submission of bid as MSE bidder.
31.3 For availing benefits as MSE bidder, the registration certificate submitted must also
specify the category of enlistment as “Micro or Small enterprise”.
31.4 For availing relaxation in PQC / Purchase Preference, the bidders shall be required to
submit the declaration on “Confirmation on Applicability Of “Micro and Small
Enterprises Order 2012” as per Format ANNEXURE-L supported with valid UDYAM
Registration.
31.5 As per FAQ circulated vide OM Ref. [Link]. 1 (3)/2018-MA, Part-III Dated 25.03.2022 by the
office of DC, MSME, the benefits of PPP are applicable to all eligible MSEs irrespective of
relevance of product Category. Policy is meant for procurement of only goods produced
and services rendered by MSEs. However, traders/ distributors/ sole agent/ Works
Contract are excluded from the purview of Public Procurement Policy for MSEs
Order,2012.

However, bidder to confirm the details of registration as per ANNEXURE-L.

31.6 As per MSME Gazette Notification CG-DL-E-18102022-239737 [S.O. 4926(E) ] dt 18.10.2022

below mentioned clause is applicable.

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“In case of an upward change in terms of investment in plant and machinery or equipment
or turnover or both, and consequent re-classification, an enterprise shall continue to avail
of all nontax benefits of the category (micro or small or medium) it was in before the re-
classification, for a period of three years from the date of such upward change”.
31.7 As per MSME Gazette Notification S.O. 2119(E) Dated 26.06.2020, In case of reverse-
graduation of an enterprise, whether as a result of re-classification or due to actual
changes in investment in plant and machinery or equipment or turnover or both, and
whether the enterprise is registered under the Act or not, the enterprise will continue in
its present category till the closure of the financial year and it will be given the benefit
of the changed status only with effect from 1st April of the financial year following the
year in which such change took place.
31.8 In case bidder is uploading UDYAM Registration under MEDIUM Category referring the
above clause, it shall be the responsibility of bidder to substantiate their claim of being
considered as MICRO/SMALL by enclosing relevant documents trail and clarifications.

32. HANDLING OF DISPUTES WITH PSE/GOVT DEPARTMENTS:

In case the successful bidder is a PSE or a Govt. Department then the disputes arising
between the parties shall be taken up through Administrative Mechanism for Resolution of
CPSE’s Dispute (AMRCD) as per Department of Public Enterprises notification no. DPE-
05/0002/2023-AMRCD dated 25.07.2024

33. INTEREST PROHIBITION CLAUSE: The following interest prohibition clauses shall be
applicable for various scenarios given bellow:

(A) Applicable in cases where arbitration clause is present in GCC but is applicable for
only notified claims:
Arbitration: Parties agree that the Contractor shall not be entitled for any pre­reference
and pendente-lite interest i.e., date of cause of action till date of Award by Arbitral
Tribunal. Parties agree that Contractor's claim for any such interest shall not be
considered and shall be void. The Arbitrator or Tribunal shall have no right to award pre-
reference or pendent-lite interest in the matter to the Contractor. Where the arbitral
award is for the payment of money, no interest shall be payable by Owner on whole or
any part of the money for any period till the date on which the award is made.

Suit: Parties agree that the Contractor shall not be entitled for any pre-filing interest i.e.,
date of cause of action till date of filling of civil suit Parties agree that Contractor's claim
for any such interest shall not be considered and shall be void. The Civil
Court/Commercial Court shall have no right to award pre-filing interest in the matter to
the Contractor. Where the civil decree is for the payment of money, no interest shall be
payable by Owner on whole or any part of the money for any period till the date on which
the suit is filed.

(B) Applicable in cases where the relevant GCC/GPC/GTC contains arbitration clause
applicable for all types of dispute/ claims :
Parties agree that the Contractor shall not be entitled for any pre-reference and
pendente-lite interest, i.e., date of cause of action till date of Award by Arbitral Tribunal.
Parties agree that Contractor's claim for any such interest shall not be considered and
shall be void The Arbitrator or Tribunal shall have no right to award pre-reference or
pendent-lite interest in the matter to the Contractor. Where the arbitral award is for the

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payment of money, no interest shall be payable by Owner on whole or any part of the
money for any period till the date on which the award is made.

(C) Applicable in cases where no arbitration clause is present in GCC/GPC/GTC:

'Parties agree that the Contractor shall not be entitled for any pre-filing interest, i.e.,
date of cause of action till date of filling of civil suit Parties agree that Contractor's claim
for any such interest shall not be considered and shall be void. The Civil
Court/Commercial Court shall have no right to award pre-filing interest in the matter to
the Contractor. Where the civil decree is for the payment of money, no interest shall be
payable by Owner on whole or any part of the money for any period till the date on which
the suit is filed.

34. OTHERS:
34.1 Each tenderer can submit only one bid:
a) It is clarified that a person shall be deemed to have submitted multiple bids if he
submits more than one bid either individually or in any combination of person
(individual capacity, proprietor, affiliates, partnership, association of persons,
Company. A person shall for this purpose mean an individual, proprietor, any partner,
association of persons, affiliate, company, etc.
b) A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
c) A person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which as submitted the bid or is a member
of any association of persons which has submitted a bid.
d) A person shall be deemed to have bid in a Company format if, the person holds more
than 10% (ten percent) of the voting share capital of the company which has
submitted a bid or is a Director of the Company which has submitted a bid or holds
more than 10% (ten percent) of voting share capital and/or is a Director of a holding
Company which has submitted the bid.

All such multiple bids shall be liable for rejection and the Earnest Money Deposit for all
such bids shall be forfeited, not by way of penalty or liquidated damages but by way of
reimbursement of the pre-estimated costs likely to be incurred by the OWNER towards
bidding process and in the scrutiny and evaluation of bids.

34.2 Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two or
more parties who are affiliates of one another can decide which affiliate will make the
bid. Only one affiliate may submit a bid. If two or more affiliates submit more than one
bid, then all such bids shall be liable for rejection.

Consultants or their subsidiary company or companies under the management of

consultant, are not eligible to quote for the execution of the same job for which they are
working as consultant.

Consultant appointed for the project/ job shall not be allowed to participate in the tender
either directly or indirectly. An indirect participation shall include participation through
an affiliate or as a sub-contractor, consultant or supplier.

The expression ‘affiliate’ for the purpose of this clause will include any person, or
company or association (howsoever designated) who/ which is a member of the
consultancy firm (if the consultancy firm is a joint venture or consortium or who or which

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is directly or indirectly holds 10% (ten percent) or more of the capital or voting capital of
consultant (if the consultant or any of its members is a company or a body corporate) or
who or which is a consultant or sub-contractor of the consultant with regard to the
project.

34.3 Bids from Consortium or MOU or JV parties shall not be accepted (unless specified in NIT).

34.4 Undertaking for acceptance of tender: Bidders are requested to upload the undertaking
by the bidder in the format given in the tender, against submission of complete set of
Tender Documents, as a token of acceptance to the tender terms and conditions.

34.5 The bidder has to give declaration in a prescribed format (ANNEXURE-E) that he/it/they
is/are not under any Holiday List/Blacklist declared by the OWNER or by any Department
of the State or Central Government or by any other Public Sector Organization and that
there is no inquiry in respect of any corrupt or fraudulent practice pending against
him/it/them. In case he/ it/they are under any such list, or any inquiry is pending
he/it/they shall in the declaration give full details thereof.

The bidder to give particulars of blacklisting or holiday listing, and / or inquiry and in
absence thereof confirm NIL ( tick the box provided for NIL) in the ANNEXURE-E. In case
no particulars is filled in and “NIL” not ticked in the submitted declaration, it shall be
presumed that bidder is confirming “NIL”.

34.6 Holiday listing by other PSUs / Government Departments shall not automatically extend
to Indian Oil Corporation Limited unless the Administrative Ministry of IOCL advised for
the same after undertaking due diligence and process.

34.7 Bidder is required to state whether the proprietor is a director or is related to any director
of IOCL, present or retired; or any partner or member of the firm is a director or is related
to any director of IOCL, present or retired; or any of the directors of the company is a
director or is related to any director of IOCL, present or retired.

The bidder to confirm the above details in the ANNEXURE-F. Bidder to note that specific
formats given for different type of firm viz Part-A for Sole Proprietor, Part-B for
Partnership Firm and Part-C for Public / Private Limited Company, however Part-D is
applicable for all type of Firms.

34.8 Legal Disputes:

Any legal dispute shall be handled as under:

For disputes up to stage of LOA – The Court having geographical jurisdiction over the
tendering location.

For disputes during execution stage – The Court having geographical jurisdiction over the
respective State Office or Regional Office or HO.

34.9 Bidder to refer “Training Module” Tab “Seller & Service Provider” on GeM portal for
modalities regarding registration and submission of bid.

34.10 All bidders must login and visit GeM portal on regular basis to get the timely updates
related to any communication sent in the form of e-mail/SMS by system.

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34.11 The language of all the documents to be in the Tender shall be in English.

In case a foreign bidder submits any of the pre-qualification support documents in any
language other than English, then it will be the responsibility of such foreign bidder to
also provide the English translation copy of the same duly certified, stamped and signed
by their
Local Chamber of Commerce. Translation by Indian Embassy / High Commission or
authorized / approved translation agencies (by Indian Embassy / High Commission) or any
other independent authority shall also be acceptable apart from the Local Chamber of
Commerce of country of origin. This clause shall also apply in case an Indian bidder
submits PQC document (full / part) in foreign language other than English

For an Indian bidder submitting a document in Indian language other than English / Hindi,
self certified translated document in English duly notarised, shall be submitted as part of
the bid documents at no extra cost to Indian Oil Corporation Limited.

In case the bidder does not submit the translated document in English, even after being
given one opportunity to resubmit the same, the bid will be liable for rejection.

34.12 In case of service tenders floated in GeM portal, extension time period of maximum 25 %
can be done on Mutual consent. This clause supersedes the default clause available in
GeM bid that 25% time period extension on IOCL’s discretion.

34.13 Right of Bidder to question rejection at Techno-commercial or at ordering Stage:

A bidder shall have the right to be heard in case he feels that a proper procurement
process is not being followed and/or:
(i) Techno-commercial bid has been rejected wrongly - Such representation in writing
has to be sent to tender inviting authority within 24 / 48 hrs. (or as per time allowed
in the portal) of freezing of evaluation on e-portal. Only a directly affected bidder
can represent in this regard. Only a bidder who has participated in the concerned
procurement process, i.e., prequalification, bidder enlistment or bidding, as the
case may be, can make such representation.
(ii) Bidder’s financial bid has not been evaluated correctly - Such representation has to
be sent within 10 days from the date of LOA / Purchase Order whichever is earlier.
The procuring entity should ensure a decision within 15 days of the receipt of the
representation. Such representation for review in relation to the financial bid may
be filed only by a bidder whose technical bid is found to be acceptable.

34.14 Following decisions of the procuring entity shall not be subject to review:
i) Determination of the need for procurement;
ii) Selection of the mode of procurement or bidding system;
iii) Choice of selection procedure;
iv) Provisions limiting participation of bidders in the procurement process;
v) The decision to enter into negotiations with the L1 bidder;
vi) Cancellation of the procurement process except where it is intended to
subsequently retender the same requirements.
vii) Issues related to ambiguity in contract terms may not be taken up after a
contract has been signed, all such issues should be highlighted before
consummation of the contract by the vendor/ contractor; and

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viii) Complaints against specifications except under the premise that they are
either vague or too specific so as to limit competition may be permissible.

34.15 Right of Owner to accept or reject tenders:

(a) Tender process can be abandoned without assigning any reason thereof. No
compensation shall be paid for the efforts made by the bidder.
(b) IOCL reserves the right to reject any or all of the tenders or any part of a tender so
received, and no compensation shall be paid for the efforts made by the bidder.
Reasons for rejection shall be disclosed on written representation by the concerned
bidder whose bid is rejected.
(c) No bidder shall contact the OWNER on any matter relating to its bid from the time of
the bid opening up to the time that the contract is awarded. Any effort by a Bidder
or Bidder’s agent, consultant or representative, howsoever described to influence
the OWNER in any way concerning scrutiny, consideration, evaluation or computation
of the Bid(s) or decision concerning award of contract shall entail rejection of Bid.
(d) Although, ordinarily the lowest responsive bid amongst the bids submitted by bidders
and considered by the OWNER as qualified and competent, shall be preferred, the
OWNER reserves the right not to accept the lowest bid if, in its opinion, this would
not be in interest of the works.

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SECTION - 3
REVERSE AUCTION
(This section is to be used only if RA is applicable)

Reverse Auction would be conducted amongst all the technically qualified bidders except
the Highest quoting bidder. The technically qualified Highest Quoting bidder will not be
allowed to participate in RA. However, H-1 will also be allowed to participate in RA in
following cases:

i. If number of technically qualified bidders are only 2 or 3.

ii. If Buyer has chosen to split the bid amongst N sellers, and H1 bid is coming within N.

iii. In case Primary product of only one OEM is left in contention for participation in RA on
elimination of H-1.

iv. If L-1 is non-MSE and H-1 is eligible MSE and H-1 price is coming within price band of 15%
of Non-MSE L-1

v. If L-1 is non-MII and H-1 is eligible MII and H-1 price is coming within price band of 20% of
Non-MII L-1.

Note: Reverse Auction shall be governed as per GeM functionalities as modified from time to
time.

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Reverse Auction - Process

Live Auctioning
(This section is to be used only if RA is applicable)
After auction has been published on GeM Portal, system will make the tender available to the
bidder from scheduled auction start date & time (as defined in auction basic details) onwards
for live auction.
Bidder is advised to refer “Bid/RA Participation” Tab under Training Module
([Link] for Seller/Service providers wherein it is
explained in detail regarding How to participate in Reverse Auction.

*********************

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SECTION - 4

CLAUSES ON TAXATION (Taxes and Duties)

(A) TAX CONDITIONS FOR WORKS CONTRACTS:

1. The quoted price shall be comprise of basic rate and SGST & CGST/ IGST.

2. The Bidder/Contractor shall not directly consign any material under their scope of
supply to Owner.

3. If during the period from the date of submission of the bid (or final price bid, if
applicable) of the contractor to the date of Scheduled Mechanical Completion/
completion of the entire work(s) or during any time extension granted thereof, there is
an increase in the rate of output tax (Goods and Services Tax (GST) etc. or any new
output tax is introduced in addition to, or, in lieu of the existing taxes where the total
financial implication on account of new output taxes is more and arises within the said
contractual completion period, IOCL shall reimburse the additional tax burden.

Beyond the contractual completion period also (including any grant of time extension),
IOCL shall reimburse the additional tax burden, limited to its ITC entitlement on the
increase in output taxes or new output taxes, as per applicable law. In other cases,
Contractor shall bear the increase in the rates of existing taxes or any new output tax.

Similarly, if there is any reduction in any of the said taxes, the contractor shall pass on
the benefit of such reduction to IOCL by invoicing at the applicable reduced rate.

4. It would be the responsibility of the Bidder/Contractor to get the registration with the
respective Tax authorities. Any taxes being charged by the Bidder/Contractors would be
claimed by issuing proper TAX Invoice indicating details /elements of all taxes charged
and necessary requirements as prescribed under the respective tax laws and also to
mention his correct and valid registration number(s) along with OWNER’s registration
number as applicable for particular supply on all invoices raised on OWNER.

Bidder/Contractor to mention the correct GSTIN number from where the supply is
proposed to be undertaken. Further the Service Accounting Code (SAC) as applicable for
the subject tender needs to be provided in the columns provided in the technical bid.

In case the Bidder/Contractor is opting for Composition scheme under the GST laws (i.e
Section 10 of the CGST Act, 2017 and similar provisions under the respective State / UT
law), the Bidder/Contractor should confirm the same. Further the Bidder/Contractor to
confirm the issuance of Bill of Supply while submission of tender documents and no GST
will be charged on OWNER. In such cases, bidder shall submit Form GST CMP 01 and GST
CMP 02. His Bid shall be evaluated without considering GST.

In case the Bidder/Contractor is falling under Unregistered category, the

Bidder/Contractor should confirm the same.

5. Bidder has to obtain GSTIN registration at the location where Works Contract

Services are to be performed or carried out. In case of other type of services, Bidder may
decide depending upon their business requirement and provisions of GST Laws. However,

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it is advisable to obtain GSTIN in the State where job is required to be carried

out/executed.

6. Bidders are to necessarily indicate their Goods & Service Tax Identification Number
(GSTIN) along with their techno commercial bids unless and otherwise they are
exempted as per GST Laws & Rules. Offers without GSTIN shall be treated at par with
“Unregistered” Taxable

7. In case the Bidder/Contractor is opting for Composition scheme under the GST laws, in
such event the evaluation of his bid will be based on the Quoted Price. GST liability, if
any, on OWNER under reverse charge will be included for the purpose of evaluation.

8. Depending upon the nature of service of subject tender, category of services, service
accounting code (SAC) and applicable rate of GST (SGST+CGST OR IGST as the case may
be) is to be confirmed by bidder as per prescribed format given in the technical bid.
(The sample format is incorporated as Annexure A2 at the end of this section, however
bidder to refer technical bid for tender specific format)

9. If the bidder deviates w.r.t. category of services, service code and GST rate as per the
format given by OWNER in the technical bid, then details with proper justification must
be provided.

10. In case a Bidder declares that he has applied for GSTIN registration at the time of
submission of Bid, but GSTIN is not available, he must attach a copy of Application
Reference Number (ARN) as proof of his declaration. And in such cases, Bid shall be
evaluated after considering GST Rates and Service Accounting Code (SAC) as determined
by the Owner if Bidder has not confirmed or quoted the same. In such cases, Work Order
may be awarded pending submission of GSTIN by such Bidder. However, Bidder must
submit GSTIN before submission of first bill under Contract

11. In case Service is specified where Service Recipient is liable to pay GST under Reverse
Charge, same shall be clearly mentioned in the Annexure as referred in para 8 above.

12. Bid evaluation shall be done after considering GST Rates and Service Accounting Code
(SAC) quoted or confirmed as per the format provided in the Technical Bid or and shall
be evaluated on gross tax basis i.e. after including amount of GST so quoted or
confirmed.

13. Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time
of raising Invoice if the invoices raised are not as per Tax rates mentioned in the bid,
payment will be limited to the rate quoted as per BID subject to increase /decrease in
Rates after last date of submission of Price Bid provided delivery is within the
Contractual period.

14. CGST & SGST (or UTGST) or IGST, as the case may be, shall be released only on receipt
of GST Invoice containing the following details as per applicable GST laws: -

(i) Name, address and GSTIN of the supplier;

(ii) A consecutive serial number of the invoice;
(iii) Date of issue;
(iv) Name, address and GSTIN or UIN, if registered of the recipient;

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(v) Name and address of the recipient and the address of the delivery, along with the
State and its code,
(vi) HSN Codes or Service Accounting Code (SAC);
(vii) Description of goods or services;
(viii) Total value of supply of goods or services;
(ix) Taxable value of supply of goods or services taking into discount or abatement if
any;
(x) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess);
(xi) Amount of tax charged in respect of taxable goods or services (Central Tax, State
Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess);
(xii) Place of supply along with the name of State, in case of supply in the course of inter-
state trade or commerce;
(xiii) Address of the dispatch point where the same is different from the place of supplier;
(xiv) Whether the tax is payable under Reverse Charge basis and
(xv) Signature or digital signature of the supplier or his authorized representative.
(xvi) Quick response code having embedded invoice reference number(IRN) in case
invoice issued under rule 48/4.

15. E-invoicing under GST has been implemented w.e.f. 1st August 2023 for all the taxable
person having turnover more than Rs. 5 Crore. It has been specified by the Govt that it
is mandatory to mention a valid unique Invoice reference number (IRN) and QR code as
generated from Govt. portal on a Tax invoice.

Bidder/ Vendor who is required to comply with the requirements of E-invoice for B2B
transactions as per the requirement of GST Law, as may be applicable at the time of
raising of invoice, shall ensure the compliance of requirement of E Invoicing under GST
law. All the payments to such Bidder/Vendor who is liable to comply with provisions of
E-Invoicing as per GST Laws shall be made against the proper e-invoice(s) only.
16. The Bidder/Contractor shall take steps viz. mention relevant GSTIN of OWNER in GST
invoices and returns, uploading invoice in GSTR 1, payment of the tax liability on the
said invoices and filing of Returns etc. and comply with all the requirements of
applicable laws including GST laws for the time being in force to enable the OWNER to
avail tax credit/s including input tax credit. Tax element on any Debit Note /
Supplementary invoice, raised by the Bidder/Contractor will be reimbursed by OWNER
as long as the same is within the permissible time limit as per the respective taxation
laws and also permissible under the Contract terms and conditions. Bidder/Contractors
to ensure that such debit Notes are uploaded while filing the Statutory returns as may
be prescribed from time to time.

17. The Bidder/Contractor would be liable to reimburse or make good of amount equivalent
to the value of GST charged in tax invoice/debit note to OWNER along with other
consequential implications in cases where Bidder/Contractor/supplier defaults in
deposit of taxes to Govt. or non updation / incorrect updation of the invoice data in
GSTN network or non-filling of returns or wrongly charges Integrated Tax in place of
Central Tax + State/Union Territory Tax or vice versa or any other non-compliance of GST
laws; by issuance of suitable credit note to OWNER. In case, Bidder/Contractor does not
issue credit note to OWNER, OWNER would be constrained to recover the amount with

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consequential implications including interest / penalty payable.

18. It shall be obligatory for the Bidder to issue Credit Note for Price reduction on account
of delay in delivery as defined in the Bid or Contract Documents in the month
immediately following the month in which deduction of account of delay in delivery is
effected by the Owner.

19. Tax element on any Debit Note / Supplementary invoice, raised by the
Bidder/Contractor will be reimbursed by OWNER as long as the same is within the
permissible time limit as per the respective taxation laws and also permissible under the
Contract terms and conditions. Bidder/Contractors to ensure that such debit Notes are
uploaded while filing the Statutory returns as may be prescribed from time to time.

20. The Bidder/Contractor will be under obligation for quoting/charging correct rate of tax
as prescribed under the respective Tax Laws. Further the Bidder/Contractor shall avail
and pass on benefits of all exemptions/concessions/benefits/waiver or any other
benefits of similar nature or kind available under the Tax Laws. In no case, differential
Tax Claims due to wrong classification of goods and/or services or understanding of law
or rules or regulations or any other reasons of similar nature shall be entertained by
OWNER.

21. In case of any advance including Mobilization, Advance given as per Contract, the
Contractor shall issue Receipt voucher immediately on receipt of advance payment and
subsequently issue the tax invoice at the time of supply, after adjusting advance
payments as per Contractual terms and GST Provisions.
22. In case any recovery is made for any facility or services provided by the Owner and such
recoveries are subject to GST, amount of recovery plus applicable GST shall be
deducted/ recovered from the Invoices/Claim of the Bidder.

23. Wherever provisions of Tax deduction at Source (TDS) are applicable under the CGST /
SGST / UTGST/IGST Act,2017 on supplies of goods or services or both to OWNER, tax will
be deducted from the invoice raised and deposited with the authorities by OWNER.
OWNER shall file the TDS return on GST Portal on the basis of which Credit can be availed
by the bidder/ contractor.

24. IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor
only in those cases where materials is purchased by IOCL directly and/or IOC is
statutorily required to issue the Road permit/Way Bill, by whatever name it is called.
Contractor will be under obligation for proper utilization of road permits for the specific
supply and in case of seizure of goods/vehicle; the Contractor will be wholly responsible
for release and reimburse the litigation cost to IOCL.

IOCL shall on no account be responsible for delay or hold up due to the timely non
availability of such documents as are required to be furnished by the Owner to obtain
the Road Permit/Way bill, by whatever name it is called. However, IOCL shall make best
efforts to provide sufficient number of Road Permits/way bill, by whatever name it is
called. on demand to avoid any delay or Hold up.

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Annexure A2
Tax Quotation/ Declaration

Name of Work:
Tender No.:
E-Tender Id:
Place of Service:
Name of Bidder:
Bidders is requested to quote as below:
GSTIN registration number
Particulars To be by provided To be confirmed
(see Para above and note Below) Owner. by Bidder
Applicable Service Category To be by provided
(for GST purposes) Owner.
Applicable % of GST To be by provided
Owner.
Service Accounting Code To be by provided
(SAC) / HSN code for selected Service Owner.
Category/ Material
Kindly confirm the following, Yes or No:
[Link] Service Covered under Reverse Charge?
[At present Services of GTA, Legal and Sponsorship, among
others, are covered under GST Laws]
2. Whether the bidder is exempted from registration under GST
(Turnover of less than Rs 20 Lakh/ 10Lakh in case of special
category States)
3. Whether Bidder is under Composition Scheme as defined under
section 10of CGST Act, 2017?

Note: In case the bidder seeks any deviation w.r.t. category of service, Service Accounting
Code (SAC) and GST rate as pre-determined by OWNER, Bidder should provide the details
with proper justification.

(B) INCOME TAX

1. The Bidder/Contractor shall be exclusively liable to pay directly to the concerned Income
Tax Authorities in India and to bear all Indian Taxes payable relative to employment of
any personnel by the Bidder/Contractor.

2. Wherever withholding tax i.e. Tax deduction at source (TDS) is applicable under the
Income tax Act, 1961 the same will be deducted from the Invoices raised and TDS
Certificate as per provision of the Income tax Act and Rules shall be issued to the
Bidder/Contractor.

3. Bidder/Contractor should mandatorily provide the PAN. If PAN is not provided, TDS
would be deducted at higher rate as per the provisions of Income Tax Act. TDS would
also be deducted at higher rate if Bidder / Contractor is categorized as "Specified
Person" by Income Tax Authorities for non -filling of return as per the provisions of the

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Income Tax Act.

4. All amounts in this BID for supply of equipment, machinery, catalyst or any other supply
of goods made from outside India shall be gross of withholding tax levied under Indian
Income Tax or Double Taxation Avoidance Agreement. Owner shall deduct the
Withholding Tax payable to Government of India from the total amount payable for such
supplies. All relevant documents for such payment shall be provided to the
bidder/contractor.

5. All amounts in this BID for services from within India in INR shall be gross of Indian TDS.
Owner shall deduct the Withholding Tax payable to Government of India from the total
amount payable for such Indian Services. All relevant documents for such deduction
shall be provided to the bidder/contractor.

6. Withholding tax / tax deductible at source is applicable to all payments to be made to the
CONTRACTOR. Withholding / deduction is required to be made at the rates specified in
the Indian Income Tax Act. However, in case of non-resident contractors, lower of the
rate of withholding tax as available in the relevant Double Taxation Avoidance
Convention or Agreements (DTAA) as notified or amended from time to time as
compared to the rate applicable as per relevant Finance Act will be applicable subject
to certain specified documentary compliances. Therefore, it is incumbent upon the
Contractor/bidder to decide and declare whether it intends to take benefits of lower
rate of Withholding Tax and commit to provide necessary documents. As per extant
provisions of Income Tax Act and Rules made there under following documents are
mandatory for this purpose (a) Tax Residency Certificate (TRC) issued by the competent
authority of the country of residence of the Contractor (b) Electronically generated Form
10F as described in Income Tax Rules, 1962 (c) A declaration in specified format in lieu
of Permanent Account Number (PAN) and (d) No PE Certificate.

7. The Indian Income Tax Act and rules made there under contains provisions permitting
deduction of tax at a lesser rate if the CONTRACTOR is able to justify to the Income Tax
Authorities such lesser rate of deduction. However, a deduction once made has to be
deposited by the OWNER with the Income Tax Authorities in India and will not be
adjustable by the OWNER. It is therefore in the interest of the CONTRACTOR that prior
to release of any payment due to the CONTRACTOR under the Contract that the
CONTRACTOR obtains, from the relevant Income Tax Authorities in India, a certificate
specifying the rate of deduction /withholding of Income tax at source, failing which,
payment to the CONTRACTOR shall be made by the OWNER after Withholding / deduction
at the highest rate as may be applicable to the non-resident contractors as per Provisions
of Income Tax Act, 1961.

(C) TAX CLAUSE FOR PROCESS LICENSOR SELECTION TENDER

1. Notwithstanding anything contained anywhere in the BID Documents or any intimation,

notice, questionnaire, clarification, correspondence or communication at any time before
submission of BID, following clauses shall apply for the purpose of Taxes and Duties
described herein below.

2. All amounts in this bid (other than the quoted amount for Indian services in INR and
supplies of equipment, machinery, catalyst or any other supply of goods) are net of any

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taxes and duties levied by the Indian Government on LICENSOR or LICENSEE. If any
payment or deliverable hereunder shall be subject to the above which LICENSOR or
LICENSEE are required to pay, LICENSEE is required to withhold ("Taxes"), LICENSEE shall:

(i) pay LICENSOR such a sum as to yield to LICENSOR, after payment of such Taxes, the full
net amount due pursuant to this Agreement subject to OWNER LIABILITY (relevant clause
mentioned below) and COMPLIANCE (relevant clause mentioned).
(ii) pay Taxes in accordance with the relevant rules and legislation to the applicable
government with respect to this Agreement.
(iii) provide LICENSOR with certificates or any other form of documentary evidence issued
by the relevant authority regarding the payment of the Taxes in a timely manner; and
indemnify LICENSOR in respect of any claim or loss, which may arise as a result of any
delay or failure of LICENSEE to meet above obligations; including penalties relating
thereto or interest thereon (except deduction pursuant to relevant clause mentioned
below)

3. All amounts in this BID for supply of equipment, machinery, catalyst or any other supply
of goods made from outside India is not liable for any withholding tax subject to Licensor
furnishing requisite documents and availing benefit under relevant DTAA. However, in
case it is applicable, all amounts in this BID for supply shall be gross of withholding tax
levied under Indian Income Tax or Double Taxation Avoidance Agreement. Owner shall
deduct the Withholding Tax payable to Government of India from the total amount
payable for such supplies. All relevant documents for such payment shall be provided to
the Licensor.

4. All amounts in this BID for services from within India in INR shall be gross of Indian TDS.
Owner shall deduct the Withholding Tax payable to Government of India from the total
amount payable for such Indian Services. All relevant documents for such deduction shall
be provided to the Licensor.

5. LICENSOR shall be responsible for paying all direct taxes (including personal income tax
as well as corporate Income Tax, etc.) for the Technical and Assistant Services in India
in accordance with the relevant government rules with respect to this Agreement.

6. The LICENSOR shall comply with all tax laws of India and subject to the provisions related
to the LICENSEE, undertakes to file all "returns", "statements" and other documents,
which it might be required to file under the laws of India.

7. Subject to relevant clause mentioned below, OWNER LIABILITY on account of Indian

Withholding Tax, whether at the time of BID submission or any time subsequent thereto,
shall be limited to the lower of the following:
(i) Rate of Tax as applicable under Indian Income Tax Act.
(ii) Rate of Tax as applicable under Double Taxation Avoidance Agreements (DTAA) between
India and the country of residence of the LICENSOR.
Explanation: For the purpose of this Clause, “Rate of Tax as applicable under Indian
Income Tax Act” shall not include rate of tax as determined by a Tax Deduction
Certificate issued by Indian Income Tax Authorities.

8. COMPLIANCE by LICENSOR: In order to afford OWNER to limit its liability as described in

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relevant clause mentioned above, LICENSOR shall submit: (i) copy of Tax Residency
Certificate (TRC) issued by tax authorities of the country of residence of the Licensor (ii)
Electonically generated Form 10F as specified in Indian Income Tax Act and Rules (iii)
copy of Permanent Account Number (PAN) issued by Indian Income Tax Authorities, if
available, or Declaration in Lieu of PAN as specified in Rule 37BC of Income Tax Rules,
1962 and (iv) No PE Certificate. Format of Declaration in lieu of PAN is attached as part
of BID document.

9. IF at the time of payment, rate of tax as determined by Tax Deduction Certificate issued
by Indian Income Tax authorities is lower as compared to the rate of tax as determined
under relevant clause mentioned above, rate as determined by tax deduction certificate
issued by Indian Income Tax authorities shall be applied at the time of payment for the
purpose of determining OWNER Liability under relevant clause mentioned above.

10. However, where LICENSOR is obligated under Indian Income Tax Act and rules made
thereunder, to obtain Tax Deduction Certificate, it shall be obligatory on part of
LICENOR to submit the same, in original, to the Owner, and subject to relevant clauses
mentioned above, tax will be deducted by applying the rate of tax as per Certificate of
Deduction obtained by the bidder from Indian Income Tax authorities relevant to the
Financial Year of payment. Any excess liability to the Owner on account of Indian
Withholding Tax as described in relevant clause mentioned above shall be deducted from
the dues payable to the Licensor.

11. GST or any other taxes (other than those covered under relevant clause mentioned above)
applicable in India on the above fees, shall be levied on and paid by the LICENSEE.

12. All taxes, customs, duties and other dues arising outside India in connection with and in
performance of the Agreement shall be borne by LICENSOR.

13. Services provided or goods supplied from India will attract GST (CGST & SGST or IGST as
the case may be) and the bidder has to register themselves in India in accordance with
Indian Goods & Services Tax Rules, 2017.
14. Bidder who has Permanent Establishment in India and/or quotation is in Indian Rupee
(Fully or Partially) has to submit Invoice compliant with GST Laws and Rules so that
LICENSEE can avail Input Credit of GST paid.

15. In case of any advance including Mobilization Advance given as per Contract, the
BIDDER/CONTRACTOR shall issue Receipt voucher immediately on receipt of advance
payment. Subsequent recoveries / adjustment of Advance amount shall be separately
indicated in the GST Invoice for actual supply of Goods and Services. The Bidders who
do not have Permanent Establishment in India, their entire amount of advance (net of
taxes) will be treated and adjusted against the services proposed to be sourced from
outside India.

16. In case of Price Variation of Services and Materials applicable as per Tender, the
BIDDER/CONTRACTOR shall issue a GST Invoice containing all the details required as per
GST Laws and Rules.

17. In case of Price Adjustment for delay in Completion applicable as per Tender Condition,
the Bidder/Bidder/Contractor shall issue a Credit Note for the Price Reduction amount
containing all the details required as per GST Laws and Rules for lower incidence of GST

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Or same can be adjusted in final bill issued by vendor.

18. The Bidder/Contractor/Licensor would be liable to reimburse or make good of amount

equivalent to the value of GST charged in tax invoice/debit note to OWNER along with
other consequential implications in cases where Bidder/ Contractor/ Licensor defaults
in deposit of taxes to Govt. or non updation / incorrect updation of the invoice data in
GSTN network or non-filling of returns or wrongly charges Integrated Tax in place of
Central Tax + State/Union Territory Tax or vice versa or any other non-compliance of GST
laws; by issuance of suitable credit note to OWNER. In case, Bidder/Contractor/Licensor
does not issue credit note to OWNER, OWNER would be constrained to recover the
amount with consequential implications including interest / penalty payable.

19. All payments on account of for services from within India in INR shall be gross of Indian
TDS.

20. All payments on account of supplies of equipment, machinery, catalyst or any other
supply of goods & Services [other than those covered under clause (i) to (x) above] shall
be gross of withholding tax levied under Indian Income Tax or Double Taxation Avoidance
Agreement.

21. In all other cases, tax will be deducted by applying the rate of tax as determined under
relevant clause mentioned above.

22. Bidders to note that the applicable rate of GST at present is 18% (Eighteen percent) for
License and BDEP Fee and 18% (Eighteen Percent) for other services. For supply items,
GST rates shall be as per respective HSN code.

(D) TAX CONDITIONS FOR LSTK JOBS

1.0 Apart from the Tax condition mentioned herein, following Tax conditions needs to be
suitably incorporated under LSTK Tenders

1.1 The entire Scope of jobs under this Tender/Contract has been classified as Supply of
Material and Service in relation to an immovable property under GST and the place of
supply of services shall be the location at which the Works is being executed.
Accordingly, the BIDDER/CONTRACTOR is required to take GST registration for supply of
services and subsequent invoicing to the OWNER under the Tender/Contract as per GST
invoice Rules.

1.2 The supplier of LSTK Bidder/Contractor should not issue its Invoice indicating OWNER as
consignee since such sales cannot be treated as Sale-in-Transit under GST Law.
Bidder/Contractor must procure material in their own name and avail ITC for the same
and subsequently supply as part and parcel of Works Tender/Contract Service to OWNER.
No waybill/road permit will be issued from OWNER.

1.3 Billing for Import to be done on OWNER (except for EPCG & MOOWR cases where separate
high seas agreement will be entered with Bidder/Contractor) with applicable CGST &
SGST with reimbursement of BCD & Cess and CGST & SGST thereon, limited to the quoted
Foreign Currency (FC) amount. However, impact of IGST due to inclusion of Anti-
Dumping Duty and Safe Guard Duty in the value for calculation of IGST shall be on
Contractors account.

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1.4 Where the Owner opts to avail the benefits of EPCG/Post export EPCG or MOOWR,
relevant License shall be provided to LSTK Contractor and Customs clearance shall be
done under IOCL import export code by endorsement of EPCG License number/MOOWR
License in Bill of entries as the Owner will be the importer on record.

1.5 Withholding tax / tax deductible at source is applicable to all payments to be made to
the CONTRACTOR. Withholding / deduction is required to be made at the rates specified
in the Indian Income Tax Act. However, in case of non-resident contractors, lower of the
rate of withholding tax as available in the relevant Double Taxation Avoidance
Convention or Agreements (DTAA) as notified or amended from time to time as compared
to the rate applicable as per relevant Finance Act will be applicable subject to certain
specified documentary compliances. Therefore, it is incumbent upon the Contractor to
decide and declare whether it intends to take benefits of lower rate of Withholding Tax
and commit to provide necessary documents. As per extant provisions of Income Tax Act
and Rules made there under following documents are mandatory for this purpose (a) Tax
Residency Certificate (TRC) issued by the competent authority of the country of
residence of the Contractor (b) Electronically generated Form 10F as described in Income
Tax Rules, 1962 (c) A declaration in specified format in lieu of Permanent Account
Number (PAN) and (d) No PE Certificate.

1.6 The Indian Income Tax Act and rules made there under contains provisions permitting
deduction of tax at a lesser rate if the CONTRACTOR is able to justify to the Income Tax
Authorities such lesser rate of deduction. However, a deduction once made has to be
deposited by the OWNER with the Income Tax Authorities in India and will not be
adjustable by the OWNER. It is therefore in the interest of the CONTRACTOR that prior
to release of any payment due to the CONTRACTOR under the Contract that the
CONTRACTOR obtains, from the relevant Income Tax Authorities in India, a certificate
specifying the rate of deduction /withholding of Income tax at source, failing which,
payment to the CONTRACTOR shall be made by the OWNER after Withholding / deduction
at the highest rate as may be applicable to the non-resident contractors as per Provisions
of Income Tax Act, 1961.

1.7 In case of any advance including Mobilization, Advance given as per Contract, the
Contractor shall issue Receipt voucher immediately on receipt of advance payment and
subsequently issue the tax invoice at the time of supply, after adjusting advance payments
as per Contractual terms and GST Provisions.

2.0 GST will be applicable on recovery for Land charges/ rent Safety Penalty, over Speeding,
other penalties etc . OWNER will issue GST Invoice in such cases.

2.1 Credit notes to be issued by the Bidder/Bidder/Contractor for Price reduction on account
of delay in delivery or same can be adjusted in final GST Invoice.

2.2 Additional GST implication will arise on Price variation of Construction material and
Foreign Exchange Fluctuation and shall be paid extra On Submission of proper GST
Invoice.

2.3 The total price payable under the Tender/Contract shall be restricted to the Lump sum
Price and applicable GST as per other existing terms & condition of the Tender/Contract.

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Bidder/Contractor to ensure progressive invoice value so that there should not be any
additional liability to the OWNER.

(E) CUSTOM DUTY AND FOREIGN EXCHANGE VARIATION:

(a) Custom Duty Variation

With the implementation of GST, the custom duty shall be a part of quoted price and no
variation shall be allowed. However, in exceptional cases, Customs Duty rate variation
can be agreed subject to the following conditions:

1. CIF value should be indicated in the offer. Materials to be imported covering the above
CIF value should also be clearly spelt out. The rate of Customs Duty and the Tariff
Number under which the item is covered should be clearly spelt out.

2. Any increase in price due to increase in Customs Duty rates beyond the Contractual
Delivery date (CDD) in respect of items which require further fabrication after import
and for bought out imported items beyond the CDD, will be to
Bidder/Bidder/Contractor’s account. For all such claims necessary documentary
evidence shall be provided by the Bidder/Bidder/Contractor to OWNER along with their
claim request.
(b) Foreign Exchange (FE) variation
1. FE variation shall normally not be allowed. In (global tenders) cases where Foreign
Exchange (FE) involvement is envisaged, tender documents shall contain a clause
indicating that in case the bidders are quoting for FE rate variation, the details of item
wise maximum CIF value (indicating quantity) of each currency should be indicated in the
offer. This list shall be vetted by the indenting department / PMC at the time of giving
technical recommendation to the effect that the listed items are required for the
tendered material.

2. Any increase in price due to increase in FE rates beyond the CDD in respect of items
which require further fabrication after import and for bought out imported items beyond
the CDD, will be to Bidder/Bidder/Contractor’s account. However, any decrease in the
prices due to decrease in FE rate at the time of actual clearance of imported materials,
shall be passed on to OWNER. FE variation shall also include recovery if the actual
exchange rate is less than the quoted rate.

3. While seeking the maximum CIF value in the tender documents, the bidder shall be asked
to separately indicate the imported bought out items and their maximum CIF value. In
case order stipulates FE variation clause, the Bidder/Bidder/Contractor shall furnish Bill
of Entry documents along with the invoice and raise invoice accordingly.
(c) In case the bidder quotes any component of Customs Duty based on exemption under
the prevailing Indian Customs Laws [including any benefit available under any trade
agreement which India has with any other nation or block of nations viz. Comprehensive
Economic Partnership Agreement (CEPA), Free Trade Agreements (FTA) etc.] as on the
date of Bid, then bidders shall be required to submit all the required documentary proof
for the same at the time of dispatch of goods and in any case not later than the date on
which Bill of Entry is required to be filed in India enabling Indian Oil, as importer, to
avail the exemption as quoted by the Bidder. In the event of non- submission of the
requisite documents as per the conditions for availing the exemption by the successful

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bidder, then any additional outflow suffered by Indian Oil on account of those taxes and
duties (including interest, if any) shall be recovered from the bidder either from any
payment due to the successful bidder or separately. It shall be obligatory on the part of
the bidder to acquaint itself with the provisions of Indian Customs Act, 1962 and other
related regulations under which said exemption is quoted by the bidder.

*********************

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SECTION - 5
LIST OF GST IDENTIFICATION NUMBER (GSTIN)

State States GSTIN

PSO Jammu and Kashmir (UT) 01AAACI1681G2Z2
PSO Ladakh (UT) 38AAACI1681G1ZM
PSO Himachal Pradesh 02AAACI1681G3ZZ
PSO Punjab 03AAACI1681G1ZZ
PSO Chandigarh 04AAACI1681G1ZX
UPSO II Uttarakhand 05AAACI1681G1ZV
DSO Haryana 06AAACI1681G1ZT
DSO Delhi 07AAACI1681G1ZR
RSO Rajasthan 08AAACI1681G2ZO
UPSO I Uttar Pradesh 09AAACI1681G1ZN
BSO Bihar 10AAACI1681G1Z4
WBSO Sikkim 11AAACI1681G1Z2
IOC AOD Arunachal Pradesh 12AAACI1681G1Z0
IOC AOD Nagaland 13AAACI1681G1ZY
IOC AOD Manipur 14AAACI1681G2ZV
IOC AOD Mizoram 15AAACI1681G1ZU
IOC AOD Tripura 16AAACI1681G1ZS
IOC AOD Meghalaya 17AAACI1681G1ZQ
IOC AOD Assam 18AAACI1681G1ZO
WBSO West Bengal 19AAACI1681G1ZM
BSO Jharkhand 20AAACI1681G3Z1
OSO Odisha 21AAACI1681G1Z1
MPSO Chhattisgarh 22AAACI1681G1ZZ
MPSO Madhya Pradesh 23AAACI1681G1ZX
GSO Gujarat 24AAACI1681G1ZV
GSO Daman and Diu 25AAACI1681G1ZT
GSO Dadra Nagar Haveli 26AAACI1681G1ZR
MSO Maharashtra 27AAACI1681G1ZP
KASO Karnataka 29AAACI1681G1ZL
MSO Goa 30AAACI1681G1Z2
KESO Kerala 32AAACI1681G1ZY
TNSO Tamil Nadu 33AAACI1681G1ZW
TNSO Puducherry 34AAACI1681G1ZU
WBSO Andaman Nicobar Island UT 35AAACI1681G1ZS
TAPSO Telangana 36AAACI1681G1ZQ
TAPSO Andhra Pradesh 37AAACI1681G2ZN
*********************

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ANNEXURE-A
UNDERTAKING BY THE TENDERER(S)

NAME OF WORK:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

Tender No.: ____________________________________________________________

We confirm that we have quoted the rates in the tender considering Inter-alia the:

1. Tender Document(s)
2. Additional Document(s) (if any)
3. BOQ Document (Price Bid Format)
4. Corrigendum (if any)
5. Prebid Meeting Minutes (if any)

We ________________________________________________________ (Name of the Tenderer)

hereby certify that we have fully read and thoroughly understood the tender requirements
and accept all terms and conditions of the tender including all corrigendum/addendum issued,
if any. Our offer is in confirmation to all the terms and conditions of the tender including all
corrigendum/addendum, if any and minutes of the pre-bid meeting. In the event our offer is
found acceptable, and contract is awarded to us, the complete tender document shall be
considered for constitution of Contract Agreement.

SIGNED FOR AND ON BEHALF OF TENDERER(S)

Name of Tenderer(s)

Date:

Place:

Seal & Signature of Tenderer

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ANNEXURE-B
PROFORMA FOR DECLARATION ON NCLT / NCLAT / DRT / DRAT / COURT RECEIVERSHIP /
LIQUIDATION
[To be submitted in Bid Documents]
Tender No.: _________________________
Bidder Name: ________________________
I/We / M/s. ________________________________________________ declare that:
1. No insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed)
under Insolvency and Bankruptcy Code, 2016 or any other applicable law.

2. (a) No insolvency resolution process or liquidation / bankruptcy proceeding is initiated

under the Code or any other applicable law (in case where Code is not applicable).
OR
(b) Insolvency resolution process or liquidation / bankruptcy proceeding has been initiated
under the Code or any other applicable law (in case where Code is not applicable) but
application has neither been admitted by Adjudicating Authority nor moratorium has been
imposed nor IRP has been appointed. I/We undertake to bring to the notice of IOCL
immediately if such application is admitted by the Adjudicating Authority or moratorium
has been imposed or IRP has been appointed. (Attach details of proceedings with
technical bid).
(Strike out whichever is not applicable from 2(a) or 2(b) above).
3. I / We undertake to bring to the notice of IOCL immediately if any proceedings under
Insolvency and Bankruptcy Code, 2016 or any other applicable law are initiated or filed at
any stage of evaluation of the tender.

4. I/We are aware that we are not eligible to submit bid or our bid is liable to be cancelled
in the event any insolvency resolution process has commenced (viz. application has been
admitted by Adjudicating Authority and moratorium has been imposed and IRP has been
appointed).
It is understood that if this declaration is found to be false, Indian Oil Corporation Ltd. shall
have the right to reject my/our bid and forfeit the EMD. If such bid has resulted in a contract,
the contract will be liable for termination without prejudice to any other right or remedy
(including blacklisting or holiday listing) available to Indian Oil Corporation Ltd.

Place: Signature of the Bidder

Date: Name of Signatory

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ANNEXURE-C
COMPLIANCE CERTIFICATE REGARDING BIDDERS FROM COUNTRIES WHICH SHARES A LAND
BORDER WITH INDIA
(a) The bidder,____________________(Name of the bidder) is not from a country which shares a
land border with India.
(or)
The bidder, (Name of the bidder) is from a country
(Name of the Country), which shares a land border with India and are registered with the
Competent Authority. Certificate of registration is attached with the bid.
(or)
The bidder, (Name of the bidder) is from a country, (Name of the
Country) which shares a land border with India and Government of India has extended lines of
credit or is engaged in developmental projects in this country, (Name of the
Country) and hence do not require any separate registration for participation in this tender.
(b) Model Certificate for Tenders:
I have read the Clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I certify that this bidder is not from such a country or, if from
such a country, has been registered with the Competent Authority. I hereby certify that this
bidder fulfils all requirements in this regard and is eligible to be considered. (Where applicable,
evidence of valid registration by the Competent Authority shall be attached).
(c) Model Certificate for Tenders for Works involving possibility of sub-contracting:
I have read the Clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I
certify that this bidder is not from such a country or, if from such a country, has been
registered with the Competent Authority and will not sub-contract any work to a contractor
from such countries unless such contractor is registered with the Competent Authority. I
hereby certify that this bidder fulfills all requirements in this regard and is eligible to be
considered. (Where applicable, evidence of valid registration by the Competent Authority shall
be attached).
(d) Model Certificate for GeM:
I have read the Clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I certify that this vendor/bidder is not from such a country
or, if from such a country, has been registered with the Competent Authority. I hereby certify
that this vendor/bidder fulfills all requirements in this regard and is eligible to be considered
for procurement on GeM. (Where applicable, evidence of valid registration by the Competent
Authority shall be attached).

Details of Vendor’s authorized representative

Signature:

Name:

Stamp:

Note : Bidder to strike out Not Applicable paras under (a) which are separated by ‘or’ and submit
complete declaration keeping complete para (b), (c) and (d) as a part of format.

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ANNEXURE-D
PROFORMA OF TENDER NOT TAMPERED

(To Be Submitted On Letter Head of The Bidder Duly Signed)

Subject: Tender No: _________________________ due on ___________.

I/We ____________________________________________ (Name of Bidder), hereby declare

that:

• I/We have not tampered or modified the subject tender document in any manner and
before uploading, same has been cross-checked with documents hosted on your e-portal
[Link] . In case, if same is found to be tampered/modified, I/We understand that
my/our tender will be summarily rejected, and EMD/SD may be forfeited without
prejudice to any other rights or remedies available to IOCL and I am/We are liable to be
banned from doing business with and/or prosecuted.

• I/We, hereby confirm that if any discrepancy observed in the submitted tender even at a
future date, I/We will abide by all the terms and conditions as per all the documents
hosted including Addendums/Changes/Corrigendum, on your e-portal related with subject
tender. I/We further assure that we agree to all the decisions confirmed in Pre-Bid
Conference of the subject tender.

Tenderer's Signature & Seal

Date:

Place:

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ANNEXURE-E
PROFORMA OF DECLARATION OF BLACKLISTING / HOLIDAY LISTING
In the case of a Proprietary Concern:

I hereby declare that neither I, in my personal name or in the name of my Proprietary

concern, M/s____________________________________ (Name of the bidder) which is
submitting the accompanying Bid / Tender nor any other concern in which I am proprietor
nor any partnership firm in which I am involved as a Partner are presently on any blacklist
or holiday list declared by Indian Oil Corporation Ltd. or by Ministry of Petroleum & Natural
Gas (MOPNG), nor any inquiry is pending by Indian Oil Corporation Ltd. or MOPNG, in respect
of any corrupt or fraudulent practice(s) against me or any other of my proprietorship concern
(s) or against any partnership firm(s) in which I am or was at the relevant time involved as a
partner, except as indicated below:
(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence
thereof state “NIL”. In case of no particulars and “NIL” not ticked, shall be treated NIL)
Please tick the box below if NIL Particulars if not NIL
NIL
It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including blacklisting or holiday listing) available to Indian Oil Corporation Ltd.

Place: Signature of Bidder:

Date: Name of Signatory:

In the case of a Partnership Firm:

We hereby declare that neither we, M/s__________________(Name of the bidder), which is

submitting the accompanying Bid / Tender, nor any partner involved in the said firm either
in his individual capacity or as proprietor or partner of any other firm or concern presently,
are placed on any blacklist or holiday list declared by Indian Oil Corporation Ltd. or by
Ministry of Petroleum & Natural Gas (MOPNG), nor any inquiry is pending by Indian Oil
Corporation Ltd. or MOPNG, in respect of corrupt or fraudulent practice(s) against us or any
partner or any other concern or firm of which he is proprietor or partner, except as indicated
below:
(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence
thereof state “NIL”. In case of no particulars and “NIL” not ticked, shall be treated NIL)
Please tick the box below if NIL Particulars if not NIL
NIL

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including blacklisting or holiday listing) available to Indian Oil Corporation Ltd.

Place: Signature of Bidder:

Date: Name of Signatory:

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In the case of Company:

We hereby declare that we are presently neither placed on any holiday list or blacklist
declared by Indian Oil Corporation Ltd. or by Ministry of Petroleum & Natural Gas (MOPNG),
nor any inquiry is pending by Indian Oil Corporation Ltd. or MOPNG, in respect of corrupt of
fraudulent practice(s), except as indicated below:
(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence
thereof state “NIL”. In case of no particulars and “NIL” not ticked, shall be treated NIL)
Please tick the box below if NIL Particulars if not NIL
NIL

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including blacklisting or holiday listing) available to Indian Oil Corporation Ltd.

Place: Signature of Bidder:

Date: Name of Signatory:

In the case of Consortium:

We hereby declare that none of the members of the Consortium are presently placed on any
holiday list or blacklist declared by Indian Oil Corporation Ltd. or by Ministry of Petroleum
& Natural Gas (MOPNG), nor any inquiry is pending by Indian Oil Corporation Ltd. or MOPNG,
in respect of corrupt or fraudulent practice(s), except as indicated below:
(Here give particulars of blacklisting or holiday listing, and / or inquiry and in absence
thereof state “NIL” In case of no particulars and “NIL” not ticked, shall be treated NIL)
Please tick the box below if NIL Particulars if not NIL
NIL

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including blacklisting or holiday listing) available to Indian Oil Corporation Ltd.

Place: Signature of Bidder:

Date: Name of Signatory:

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ANNEXURE-F

DETAILS ON RELATIONSHIP WITH IOCL'S DIRECTORS ETC.

Tenderer should furnish following details in the appropriate part based on their organizational
structure.

ORGANIZATIONAL STRUCTURE PART OF THE FORM APPLICABLE

SOLE PROPRIETOR PART A
PARTNERSHIP PART B
COMPANY PRIVATE/PUBLIC LTD PART C
DECLARATION ( for All types of firms) PART D

PART A

(APPLICABLE WHERE THE TENDERER IS A SOLE PROPRIETOR)

1 Name of Tenderer

2(a) Office Address

2(b) Residence Address

State whether tenderer is related to any of Director/(s) of the Yes/No*

3
Indian Oil Corporation Ltd.

If ‘Yes’ to 3, state the name of IOC’s Director and Tenderer’s

4
relationship with him/her.

* Please mention Yes / No whichever is applicable

PLACE

DATE
TENDERER’S SIGNATURE & SEAL

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PART B

(APPLICABLE WHERE THE TENDERER IS A PARTNERSHIP FIRM)

1 Name of the Partnership firm responding to the tender

2 Address

3 Name of Partners

State whether any of the partners is a Director to the Indian Oil Yes/No*
4
Corporation Ltd.

5 If ‘Yes’ to 4, state the name(s) of IOC’s Directors.

State whether any of the partners is related to any of the Director(s) of Yes/No*
6
the Indian Oil Corporation Ltd.

If ‘Yes’ to 6, state the name(s) of IOC’s Director and the concerned

7
partner’s relationship with him/her.

* Please mention Yes / No whichever is applicable

PLACE

DATE
TENDERER’S SIGNATURE & SEAL

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PART C

(APPLICABLE WHERE THE TENDERER IS A PUBLIC / PRIVATE LIMITED COMPANY)

1 Name of the Company responding to the tender

Address of:
2 Registered Office

Principal Office

3 State whether the Company is a Pvt. Ltd. Co. or Public Ltd., Co.

4 Names of Directors of the Company

State whether any of the Directors of the Tenderers Company is Yes/No*

5
a Director of Indian Oil Corporation Ltd.

6 If ‘Yes’ to (5), state the name(s) of IOC’s Directors

State whether any of the Director of the Tenderers Company is Yes/No*

7
related to any of the Directors of the Indian Oil Corporation Ltd.

If ‘Yes’ to (7), state the name(s) of IOC’s Director and the

8 concerned Director’s (of the Tenderer Co.) relationship with
him/her.

* Please mention Yes / No whichever is applicable

PLACE

DATE
TENDERER’S SIGNATURE & SEAL

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PART D
( APPLICABLE FOR ALL TYPE OF FIRM / COMPANY)

Tenderer is required to state whether they have employed any retired Director and above rank
officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted:

Sl Particulars Details to be filled in by the bidder

1 Name of the Person
2 Post last held in IOCL

3 Date of retirement
4 Date of employment in the firm

PLACE
DATE
TENDERER’S SIGNATURE & SEAL

N.B.
1. Strike out (Part A, B & C) whichever is not applicable as per type of bidding entity. Part-D is
applicable for all type of firm.
2. If the Tenderer employs any person subsequent to signing the above declaration and the
employee/s so appointed happens to be retired Director and above rank officer of the
Corporation, the tenderer should submit another declaration furnishing the name/s of such
employee/s who is the retired Director and above rank officer of the Corporation.
3. A separate sheet may be attached, if the above is not sufficient.
4. The list of Directors of Indian Oil Corporation Limited is available in Indian Oil website:
[Link] Tenderers are requested to visit the website and
accordingly Declaration “A”, “B”, “C” & “D” to be made & furnished.

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ANNEXURE-G
UNDERTAKING FOR BUSINESS TRANSACTION STATUS OF BIDDERS
(To be submitted along with bid documents on Letterhead of bidder, duly signed)

Name of the Work

Tender No.
E-Tender ID

Bidder Name: __________________________________________

I/We, _______________________(Name of the bidder) hereby declare that:

(i) We hereby confirm that we have not transferred our ownership rights either in whole or
in part to another entity or under process of transfer.

(ii) I/We have transferred my/our ownership rights in M/s _________________ in whole/part
to other entity/ entities as per details below:

S. No. Name of Entity/Entities % of Ownership Transferred

(iii) I/We are in process of transferring my/ our ownership rights in M/s
____________________ whole/part to other entity/ entities as per details below:

S. No. Name of Entity/Entities % of Ownership Transferred

(Note: Strike out from (i), (ii) & (iii) above, whichever are not applicable.)

I/We understand that Indian Oil Corporation Limited reserves the right to reject the tender of
any entity, which has transferred its ownership rights in whole or in part or which is in process
of transfer without assigning any reason for such rejection.

I/ We also understand that refusal or failure to share the information regarding the status of
any kind of business transfer process/restructuring etc. in this tender or at any later stage, as
applicable, my/our tender is liable to be rejected by IOCL and without prejudice to any other
remedy or action available with IOCL, IOCL shall forfeit the Earnest Money Deposit provided
by the tenderer, in any form whatsoever.

Place: Signature of bidder

Date:

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ANNEXURE-H
PARTICULARS OF BIDDER
(To be submitted along with bid documents on Letterhead of bidder, duly signed)
Name of the Work
Tender No.
E-Tender ID

Name of the Bidder

Address of the bidder
Name of the Authorised
Signatory
Correspondence E-Mail ID
Contact No
Type of Bidder Proprietorship
Partnership
Private Limited Company
Co-operative Society
Others (please specify) ……………………………………………
Name(s) of Proprietor / Partners 1.
/ Directors / Members. 2.
3.
4.
5.
Certificate of Incorporation
Name of the Authorized
Signatory
Details of shareholders of Total No of Shares of the Bidding Company:
Bidding Company holding at ………………………
least 10% of Voting share Total No of Voting Share of the Bidding Company:
capital (Applicable in case of …………….
company) Total No
% of
Total No of
Name of total
Sl of Shares Voting
Shareholders Voting
held Share
share
held
1
2
3
4
5
6
7
8
9
10
Please specify whether
Registered / Unregistered /
composition scheme for GST.
Please specify whether
Resident / non-resident as per
Income Tax rules.

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ANNEXURE-I
UNDERTAKING ON NO MULTIPLE BIDDING
(To be submitted along with bid documents on Letterhead of bidder, duly signed)

Name of the Work

Tender No.
E-Tender ID

I/ We, the authorized signatory of bidder M/s. ……………………………………………………… participating

in the subject Tender Ref. No. ……………………………………… for the job of
…………………………………………………………………………………………………………………………………, do hereby
declare:

(i) I/We have not submitted multiple bids. i.e., more than 1 bid either individually or in any
combination of person (individual capacity, proprietor, affiliates, partnership, association
of persons, Company, etc. )

(ii) I/We am aware that, in case it is found that such multiple bids are submitted, all such
bids are liable for rejection and forfeiture of EMD

Place: Signature of bidder:

Date:

Note: The submitted bids shall be considered as multiple bids as explained under
a) A person shall be deemed to have submitted multiple bids if he submits more than
one bid either individually or in any combination of person (individual capacity,
proprietor, affiliates, partnership, association of persons, Company. A person shall
for this purpose mean an individual, proprietor, any partner, association of persons,
affiliate, company, etc.
b) A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
c) A person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which as submitted the bid or is a
member of any association of persons which has submitted a bid.
d) A person shall be deemed to have bid in a Company format if, the person holds more
than 10% (ten percent) of the voting share capital of the company which has
submitted a bid or is a Director of the Company which has submitted a bid or holds
more than 10% (ten percent) of voting share capital and/or is a Director of a holding
Company which has submitted the bid.

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ANNEXURE-J (Part-I)
DECLARATION FORM FOR AVAILING PURCHASE PREFERENCE – BID STAGE
A. Confirmation for bidder’s status/category for eligibility of bidding:

{All bidders (including MSE’s) have to mandatorily confirm their minimum local
content against serial no.1, 2 or 3 as applicable and upload the required documents
towards status/category}
Sr PARAMETER BIDDER TO REMARKS
DECLARE
(YES/ NO)
1 We confirm that our offer is achieving the Bidder has to mandatorily
minimum local content target of >=50% as mention ‘YES’ against their
Class-I Local supplier. applicable status i.e., either
against Sr 1 or Sr 2 or Sr 3 or Sr 4
2 We confirm that our offer is achieving the (as applicable to the bidder)
minimum local content target of >=20% &
<50% as Class-II Local supplier.

3 We confirm that our offer is not achieving the

minimum local content target of <20%.
In case of opting “Yes” under Sr
4 Deemed Class-II Local Supplier 4, attach relevant details (on
letter Head) on Manufacturing
(As per Clause 2A of PP-MII Order Revision Tendered Item under PLI scheme
Dated 19.07.2024, as manufacturer, and incentive received and such
Manufacturing Tendered Item under PLI declarations are being made
Scheme and received incentive from within specific time period only
concerned PLI ministry) as notified by concerned PLI
Ministry.

5 Whether bidder is MSE as per PPP-MSE Order YES/NO

If yes-Necessary documents
towards MSE status along with
declaration of local content in
the format provided to be
mandatorily uploaded in the
technical bid.

B. Confirmation for bidder’s purchase preference :

Sr PARAMETER BIDDER TO REMARKS

DECLARE

I Whether bidder wants to avail eligible

purchase preference under “MSE Class-I local
supplier” (applicable when bidder is both MSE Bidder has to mandatorily
& Class-I local supplier) mention ‘YES’ at only one
place, either in Sr I or II or III
II Whether bidder wants to avail eligible or IV depending on status as
purchase preference under “MSE but non - applicable and also upload
Class-I local supplier” (applicable when bidder clear and unambiguous
is MSE but not Class-I local supplier). supporting documents to

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III Whether bidder wants to avail Purchase establish their status /

Preference under “Non-MSE but Class-I local category.
supplier” (applicable when bidder is not MSE
but Class-I local supplier).

IV “Non MSE non Class-I local supplier”

(applicable when bidder is neither MSE & Class
-I Local supplier)

General Notes:
1. While evaluating the bids, for price matching opportunities and distribution of quantities
among bidders, the order of precedence shall generally be as under:
1. MSE bidder (PPP-2012)
2. PP- MII Order 2017
All bidders (including MSE’s) have to mandatorily confirm their status on
minimum local content in the format provided in the tender
In order to avail benefits of purchase preference, bidder should refer to the
clauses and guidelines on preferential benefit and allocation as provided in the
tender
2. The bidder claiming the Preference to Make in India benefit shall furnish an undertaking
from the authorized signatory of bidder having the power of Attorney along with the bid
stating that the bidder meets the mandatory minimum LC requirement, and such
undertaking shall become a part of the contract.
3. Where the total tender value is less than INR 10 Crore: The LC content shall be self-
assessed and certified by the authorized signatory of the bidder, signing the bid.
4. Where the total tender value is INR 10 Crore or above: The undertaking submitted by the
bidder shall be supported by a certificate from the statutory auditor or cost auditor of
the company (in case of companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of other than companies) giving the percentage of local
content.
5. In case bidder is declaring themselves as “Deemed Class-II Local Supplier”, the same shall
also be supported with relevant details (viz Bidder is Manufacturing Tendered Item under
PLI scheme, has received incentive for the tendered item from the concerned PLI
Ministry, and such declarations are being made within specific time period only as
notified by concerned PLI Ministry) in the manner as specified in para 3 & 4 above.

Bidder's signature:

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ANNEXURE-J (Part-II)
UNDERTAKING FOR LOCAL CONTENT - BID STAGE
(Where the total tender value is less than INR 10 Crore)
I_____________________, Son/ Daughter of_____________________, do solemnly affirm and
state as under:
1. That I am the_____________________<<Designation of the authorized signatory>> of
_____________________ and I am duly authorized to furnish this undertaking declaration
on behalf of_____________________
2. That _____________________ has submitted its bid against bidding document of Tender
No.: _______________________
3. That the Company is fully aware of the provisions of Public Procurement (Preference to
Make in India) (PP-MII), Order 2017 enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the minimum local content of:
a. Minimum 50% :
b. 20% <= LC <50% :
c. LC < 20% :

d. Deemed Class-II Local Supplier :

(As per Clause 2A of PP-MII Order Revision Dated 19.07.2024, as manufacturer,
Manufacturing Tendered Item under PLI Scheme and received incentive from
concerned PLI ministry)

(Tick whichever is applicable.)

5. Details of location(s) where the local value addition is made: _____________________

6. I confirm that I am aware of the implication of the above undertaking and our liability
on account of wrong declaration.

(Authorized signatory of Bidder)

Note:
1. This undertaking shall be certified by the authorized signatory of the bidder.
Authorised signatory shall mean
a) The Proprietor in case of a proprietorship firm.
b) Any one of the partners having POA in case of a partnership firm.
c) Power of Attorney holder in case of a company.

2. Preference is applicable only for suppliers claiming minimum 50 % Local Content.

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ANNEXURE-J (Part-III)
UNDERTAKING FOR LOCAL CONTENT – BID STAGE
(Where the total tender value is INR 10 Crore or above)
(A) Undertaking by the Authorised Signatory of the Bidder
I_____________________, Son/ Daughter of _____________________, do solemnly affirm and
state as under:
1. That I am the _____________________«Designation of the authorized signatory>> of
_____________________ and I am duly authorized to furnish this undertaking declaration on
behalf of_____________________.
2. That _____________________ has submitted its bid against bidding document of Tender No.:
_____________________.
3. That the Company is fully aware of the provisions of Public Procurement (Preference to Make
in India) (PP-MII), Order 2017, enclosed in the above bidding document.
4. We hereby confirm that our offer is achieving the minimum local content of:
a. Minimum 50% :
b. 20% <= LC <50% :
c. LC < 20% :

d. Deemed Class-II Local Supplier :

(As per Clause 2A of PP-MII Order Revision Dated 19.07.2024, as manufacturer,
Manufacturing Tendered Item under PLI Scheme and received incentive from concerned
PLI ministry)
5. Details of location(s) where the local value addition is made: _____________________
6. I confirm that I am aware of the implication of the above undertaking and our liability on
account of wrong declaration.

(Authorized signatory of Bidder)

(B) Certification by the Statutory Auditor/ Cost Auditor/ Practicing Chartered / Cost
Accountant (Strike out phrases separated by ‘/’ , which is not applicable)

We_____________________, having our registered office address _____________________ and

certificate number _____________________ certify that we are Statutory Auditor / Cost
Auditor / Practicing CA (Strike out which is not applicable) not being an employee / Director
and not having any interest of the Company M/s _____________________. having it registered
office at _____________________
We have understood the provisions of Public Procurement (Preference to Make in India) (PP-
MII), Order 2017 enclosed in the above bidding document.

We hereby confirm that the bidders offer is achieving the minimum local content of:
a. Minimum 50% :
b. 20% <= LC <50% :
c. LC < 20% :

d. Deemed Class-II Local Supplier :

(As per Clause 2A of PP-MII Order Revision Dated 19.07.2024, as manufacturer,
Manufacturing Tendered Item under PLI Scheme and received incentive from concerned PLI
ministry)

(Statutory auditor / Cost Auditor in case of a Company)

OR
(Practicing Chartered / Cost Accountant of the bidder in case of suppliers other than
Companies)

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Note:
1. This undertaking shall be certified by the authorized signatory of the bidder. Authorised
signatory shall mean
a) The Proprietor in case of a proprietorship firm.
b) Any one of the partners having POA in case of a partnership firm.
c) Power of Attorney holder in case of a company

2. In addition, the undertaking shall be certified by Statutory auditors or cost auditors of

the company (in case of a company) or from a practicing cost accountant or practicing
chartered accountant (in respect of suppliers other than companies) .

However, where statutory auditors are not mandatory as per laws of the country where
bidder is registered, an independent chartered accountant, not being an Employee of
the bidder's organization, may provide the certification.

3. In case any bidder is submitting their offer as Non-Local Supplier (i.e., LC< 20%), self-
certification from the bidder is sufficient in this context and certification from Statutory
auditors or cost auditors of the company (in case of a company) or from a practicing cost
accountant or practicing chartered accountant (in respect of suppliers other than
companies) may not be necessary (for tenders beyond INR 10 Cr).

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ANNEXURE-K

FORMAT OF BID SECURITY DECLARATION FROM BIDDERS IN LIEU OF

EARNEST MONEY DEPOSIT / BID SECURITY
(On Company Letterhead)

I / We, the authorized signatory of M/s____________________, participating in the subject

Tender No: _________________, for the job of ______________________, do hereby declare
that in the event:
I / We withdraw / modify our bid during the period of bid validity

OR

I / We commit any other breach of tender conditions / contract which would have otherwise
attracted forfeiture of EMD

OR

I / We fail to / refuse to initiate the execution of the awarded Contract as per the terms of
the Contract.

then I / We could be debarred from being eligible for bidding / award of all future tender(s)
for a period as applicable per the GeM Incident Management Policy/ Indian Oil’s Holiday
Listing Policy.

Signature and seal of authorized signatory of bidder

Name of authorized signatory

Date

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ANNEXURE-L

CONFIRMATION ON APPLICABILITY OF “MICRO AND SMALL ENTERPRISES ORDER 2012”

1. We confirm that provisions of “Micro and Small Enterprises Order 2012” are applicable to
us, and our organization falls under the definition of:

a. Micro Enterprise – [__________]

b. Small Enterprise – [__________]
c. SC/ST Owned MSE – [_________]
d. Women Owned MSE – [________]
(Please put a tick in the appropriate box)

Detail of UDYAM Registration Certificate:-

a) Registration / Certificate Number:

b) Valid up to:
c) Issuing Authority:
d) Enterprise Status (as per UDYAM) :

2. Copy of proof of valid document / certificate (indicating registration no.) of being a Micro
/ Small Enterprises is enclosed.

3. In case bidder is eligible to avail previous Enterprise Status ( i.e MICRO or SMALL) upon re-
classification to higher Category (i.e MEDIUM), supporting document trail/clarification
enclosed.

4. Copy of SC/ST Certificate issued by competent authority is enclosed.

Place: Signature of Authorized Signatory:

Date: Name:
Seal: Designation:

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ANNEXURE-M

To
The Tenderer

Sub: Tender no. for

Dear Sir
Declaration by Indian Oil Corporation Limited
IndianOil Corporation Limited (IOCL) hereby declares that IOCL has signed
an MOU dated 18th January 2008 with Transparency International India for
the adoption of the Integrity Pact Program and stands committed to
following the principles of transparency, equity and competitiveness in
public procurement. The said MOU can be accessed at the IOCL website i.e.
[Link]

The subject Notice Inviting Tender (NIT) is an invitation to offer made on

the condition that the Bidder will sign the Integrity Agreement, which is an
integral part of tender documents, failing which the tenderer/bidder will
stand disqualified from the tendering process and the bid of the bidder
would be summarily rejected.
This Declaration shall form part and parcel of the Integrity Agreement and
signing of the same shall be deemed as acceptance and signing of the
Integrity Agreement on behalf of the Corporation.
Yours faithfully,
For and on behalf of Indian Oil Corporation Limited

Tender inviting Authority

Note: The copy of the Integrity Agreement, duly signed by the Authorised Signatory shall be
provided to the bidders on specific request.

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INTEGRITY PACT AGREEMENT

Covering Letter required to be signed and submitted by the tenderer along with the Bid.
Ref: Dated:
To
Indian Oil Corporation Limited
---------------------------------------------
Sub: Submission of Offer for Tender No. _____________ for ____________________.
Dear Sir,
The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the MOU with
Transparency International India for the adoption of the Integrity Pact Program and stands
committed to following the principles thereof as enumerated in the Integrity Agreement
enclosed with the tender document.
The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the enclosed Integrity Agreement, which is an integral part
of tender documents, failing which the tenderer will stand disqualified from the tendering
process. The Bidder acknowledges that the Bid would be kept open in its original form without
variation or modification for a period of ______ days (state the number of days from the last
date for the receipt of tenders stated in the NIT) AND THE MAKING OF THE BID SHALL BE
REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
Bidder confirms acceptance and compliance with the Integrity Agreement in letter and spirit
and further agrees that execution of the said Integrity Agreement shall be separate and
distinct from the main contract, which will come into existence when bid is finally accepted
by IOCL. The Bidder acknowledges and accepts the duration of the Integrity Agreement, which
shall be in line with Article 8 of the enclosed Integrity Agreement.
Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity
Agreement, while submitting the Bid, IOCL shall have unqualified, absolute and unfettered
right to disqualify the tenderer and reject the Bid in accordance with the terms and conditions
of the tender.
Yours faithfully,

(Duly authorized Signatory of the Bidder)

(Note - One copy of this letter along with the Integrity Agreement duly signed must be returned
along with the offer).

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(To be executed on plain paper and submitted along with Technical Bid / Tender Document.
Integrity Pact agreement is to be signed by proprietor in case of Proprietary firm and by all
the partners in case of Partnership firm or by all the partners / members of consortium/
unincorporated Joint Venture / Association of persons or by the authorized signatory in case
of a Company including Joint venture)
(Marketing Division)

Tender No.: _____________

INTEGRITY AGREEMENT

This Integrity Agreement is made at _________________on this___________day of____20__

BETWEEN
Indian Oil Corporation Limited, a company duly incorporated and validly existing under the
provisions of Companies Act, 1956 and having its registered office at Indian Oil Bhavan, 9, Ali Yavar
Jung Marg, Bandra (East), Mumbai 400051 (hereinafter referred as the 'Principal/Owner', which
expression shall unless repugnant to the meaning or context hereof include its successors and
permitted assigns)
And
_____________________________(Name and address of the Individual/Firm/Company/Consortium
members through_______________________(mention details of duly authorized signatory),
hereinafter referred as the "Bidder/Contractor" and which expression shall unless repugnant to the
meaning or context hereof include its successors and permitted assigns)
Preamble
WHEREAS the Principal/Owner has floated a tender (Tender No.:____________________)
(hereinafter referred to as "Tender") and intends to award, under laid down organizational
procedures, contract/s purchase order/work order for (name of contract/order) or items covered
under the tender hereinafter referred to as the "Contract".
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relation with its
Bidder(s) and Contractor(s).
AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed Independent
External Monitors (IEMs), to monitor the Tender process and the execution of the Contract for
compliance with the principles as laid down in this Agreement.
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as "Integrity Pact" or "Pact"), the terms and conditions
of which shall also be read as integral part and parcel of the Tender documents and Contract
between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby
agree as follows and this Pact witnesseth as under:
Article 1: Commitment of the Principal/Owner
1. The Principal/Owner commits itself to take all measures necessary to prevent corruption and
to observe the following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family members,
will in connection with the Tender, or the execution of Contract, demand, take a promise
for or accept, for self or third person, any material or immaterial benefit which the person
is not legally entitled to.

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(b) The Principal/Owner will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal/Owner will, in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential / additional information through which the Bidder(s) could obtain an
advantage in relation to the Tender process or the Contract execution.
(c) The Principal/Owner shall endeavour to exclude from the Tender process any person,
whose conduct in the past has been of biased nature.

2. If the Principal/Owner obtains information on the conduct of any of its employees which is a
criminal offence under the Indian Penal Code (IPC) /Prevention of Corruption Act, 1988 (PC
Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion
in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can
also initiate disciplinary actions as per its internal laid down policies and procedures.
Article 2: Commitments of the Bidder(s)/Contractor(s)

1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in
the Tender process and during the Contract execution:

(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal/Owner's employees involved in the Tender process
or execution of the Contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the Tender process or during the execution of the Contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission of
bids or any other actions to restrict competitiveness or to cartelize in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act.
Further the Bidder(s)/Contractor(s) will not use improperly, (for the purpose of
competition or personal gain), or pass on to others, any information or document provided
by the Principal/Owner as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/Contractor{s) of foreign origin shall disclose the names and addresses of
agents/representatives in India, if any. Similarly, Bidder(s)/Contractor(s) of Indian
Nationality shall disclose names and addresses of foreign
principals/associates/agents/representatives, if any. In a tender, either the Indian agent
on behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid
simultaneously for the same item/product in the same tender. Further, if an agent submits
bid on behalf of the Principal/OEM, the same agent shall not submit a bid on behalf of
another Principal/OEM in the same tender for the same item/product. Copy of CVC
guidelines dated 13/01/2012 is annexed hereto as Annexure A1.

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(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as
per Proforma enclosed) any and all payments he has made, is committed to or intends to make to
agents, brokers or any other intermediaries in connection with the award of the Contract.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above
or be an accessory to such offences.

Article 3: Disqualification from Tender Process and Exclusion from Future Contracts

1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has

committed a transgression through a violation of Article 2 above or in any other form, such as
to put his reliability or credibility in question, the Principal/Owner is entitled to disqualify the
Bidder(s)/Contractor(s) from the Tender process or terminate the Contract, if already
executed or exclude the Bidder/ Contractor from future contract award processes. The
imposition and duration of the exclusion will be determined by the severity of transgression
and determined by the Principal/Owner.

Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the
guidelines for holiday listing of the Principal/Owner.

2. The Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner's
absolute right to resort to and impose such exclusion.

3. Apart from the above, the Principal/Owner may take action for banning of business
dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner.

Article 4: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law or the
Contract or its established policies and laid down procedures, the Principal/Owner shall have the
following rights in case of breach of this Integrity Pact by the Bidder(/Contractor(s):

1. Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the Bidder(s) from
the Tender process prior to the award of the Contract or terminated the Contract or has
accrued the right to terminate the Contract according to Article 3, the Principal/Owner apart
from exercising any legal rights that may have accrued to the Principal/Owner, may in its
considered opinion forfeit the Earnest Money Deposit/ Bid-Security amount of the
Bidder/Contractor.
2. Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or
Contractor, or of an employee or a representative or an associate of a Bidder or Contractor
which constitutes corruption within the meaning of PC Act, or if the Principal/Owner has
substantive suspicion in this regard, the Principal/Owner will inform the same to the Chief
Vigilance Officer.

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Article 5: Previous Transgression

1. The Bidder declares that no previous transgressions occurred in the last 3 years from the date
of bid submission, with any other public/government organization/Public Sector Enterprise
impinging upon the anti-corruption approach in India that could justify his exclusion from the
Tender process.

The date of transgression, for the purpose of disclosure by the Bidders, would be the date on
which cognizance of the said transgression was taken by the competent authority of such
public/government organisation/Public Sector Enterprise.

The period of transgression(s) is/are to be disclosed by the Bidders, is to be reckoned from the
actual date of Bid submission.

2. Further the Bidder also declares that no transgression(s), are pending conclusion, even before
the aforesaid period of three years. In case there is, the same shall also be disclosed by the
Bidder.

3. If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender
process or action can be taken for banning of business dealings/holiday listing of the
Bidder/Contractor as deemed fit by the Principal/Owner.

4. If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal/Owner may, at its own
discretion, as per laid down organizational procedures, revoke the exclusion prematurely.

Article 6: Equal Treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/Contractor(s) has to undertake from all Subcontractors a commitment in

conformity with this Integrity Pact. It shall be the responsibility of the Principal Contractor to
ensure adoption of/conformity to IP by the Sub- Contractor. The Bidder/Contractor shall be
responsible for any violation(s) of the principles laid down in this Agreement/Pact by any of its
Sub-contractors/ Sub- vendors.

2. The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and
Contractors.

3. The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact, between
the Principal/Owner and the Bidder, along with the Tender or violate its provisions at any stage
of the Tender process, from the Tender process.

Article 7: Independent External Monitors (lEMs)

1. The Principal/Owner has appointed competent and credible Independent External Monitor(s)
(lEMs) for this Pact. The task of the Monitors is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this Pact.
2. The IEMs are not subject to instructions by the representatives of the parties and perform their
functions neutrally and independently. They report to the Chairman, Indian Oil Corporation
Limited.

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3. The Bidder(s)/Contractor(s) accepts that the IEMs have the right to access, without restriction,
to all Project documentation of the Principal/Owner including that provided by the Contractor,
pertaining to the Tender for which a complaint or issue is raised before them, as and when
required. The Contractor will also grant the IEMs, upon their request and demonstration of
valid interest, unrestricted and unconditional access to his or any of his sub-Contractor's
project documentation. The IEMs are under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. For this
purpose, IEMs are required to sign Non-Disclosure Agreement along with Declaration of No
Conflict of Interest at the time of appointment as IEMs.

4. As soon as the IEMs notice, or believe to notice, a violation of this Pact, they will so inform the
Management of the Principal/Owner and request the Management to discontinue or take
corrective action, or to take other relevant action. The lEMs can in this regard submit non-
binding recommendations. Beyond this, the IEMs have no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action.

5. The IEMs will submit a written report to the Chairman, Indian Oil Corporation Limited within
thirty days from the date of reference or intimation to them by the Principal/Owner and,
should the occasion arise, submit proposals for correcting problematic situations.

6. If the IEMs have reported to the Chairman, Indian Oil Corporation Limited a substantiated
suspicion of an offence under the relevant IPC/PC Act, and the Chairman, IOCL has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Chief Vigilance Officer, the IEMs may also transmit the information directly to the Central
Vigilance Commissioner

Article 8- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor 12
months after the completion of work under the Contract, or till the continuation of defect liability
period, whichever is more and for all other Bidders, till the Contract has been awarded.

If any claim is made/lodged during the time, the same shall be binding and continue to be valid
despite the lapse of this Pact as specified above, unless it is discharged/determined by the
Chairman, IOCL.

Article 9-Other Provisions

1. This Pact is subject to Indian law, place of performance and jurisdiction is the Head
Office/Head Quarters of the Division of the Principal/Owner, who has floated the Tender.

2. Changes and supplements need to be made in writing. Side agreements have not been made.

3. If the Bidder is a Partnership Firm, IP is required to be signed by all the Partners. If the Bidder
is a Consortium/ Unincorporated Joint Venture/Association of Persons, formed solely for the
purpose of executing the tendered project, this Pact must be signed by all the Partners/
members of such Consortium/Unincorporated Joint Ventures/Association of Persons. In case
Bidder is a Company, including Joint Venture Company, the Pact must be signed by a
representative of the Company duly authorized by board resolution.

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4. Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.

5. Any dispute or difference arising between the parties with regard to the terms of this
Agreement/Pact, any action taken by the Owner/Principal in accordance with this Agreement/
Pact or interpretation thereof shall not be subject to arbitration.

Article 10- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed
to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of
brevity, both the Parties agree that this Pact will have precedence over the Tender/Contract
documents with regard to any of the provisions covered under this Pact.

IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date first
above mentioned in the presence of following witnesses:

____________________________________________

(For and on behalf of Principal/Owner)

__________________________________________

(For and on behalf of Bidder/Contractor) WITNESSES:

1.
____________________________________________ (signature, name and address)

2.
____________________________________________ (signature, name and address)

Note: In case of Purchase Orders wherein formal agreements are not signed references to witnesses
may be deleted from the last part of the Agreement.

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ANNEXURE-A1 ( Integrity Agreement)

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ANNEXURE-N
FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
(To be executed on Non judicial Stamp paper of appropriate value)

Format for BG shall be as per GeM Prescribed Format, however validity of BG to be kept as
prescribed in tender NIT.
Note :
Physical copy of BG to be submitted within the timelines specified in NIT
GeM Integration with NeSL (National E-Governance Services Limited) is available. In case Buyer
has created the GeM Bid with UIN number, the seller will have the option to generate the
NeSL-specific parameters that the issuing bank needs to pass to NeSL.

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ANNEXURE-O
UNDERTAKING FOR NON·ENGAGEMENT OF CHILD LABOUR
(On letter head of bidder)
I/ We hereby declare that:
a) We are committed to elimination of child labour in all its forms.

b) Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any
of our work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation)
Act, 1986 and other applicable laws.

c) We as well as our nominated sub-contractor(s) undertake to fully comply with provisions

of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour
laws, in case the work is awarded to us.

d) It is understood that if I/We, either before award or during execution of Contract,

commit a transgression through a violation of Article b /c above or in any other form,
such as to put my/our reliability or credibility in question, the Owner is entitled to
disqualify us from the Tender process or terminate the Contract, if already executed or
exclude me / us from future contract award processes. The imposition and duration of
the exclusion will be determined by the severity of transgression and determined by the
Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure
prescribed in the guidelines for holiday listing of the Owner.

e) I/We accept and undertake to respect and uphold the Owner's absolute right to resort
to and impose such exclusion.

Place:
Date:
Signature of Bidder:
Name of Signatory:

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ANNEXURE-P
PAYMENT TO VENDORS THROUGH ELECTRONIC MODE

Payment system to Vendors through Electronic Modes such as EFT, RTGS etc. has been
introduced by the Corporation. For availing this facility, a consent letter from the Vendor as
also the Bank Account details of the Vendor is required. Tenderers are requested to submit
their Consent Letter as per the format given below along with the enclosures as required:
Dated:
To,
M/s Indian Oil Corporation Ltd.
Address
Dear Sir,
With reference to your advice, we hereby agree to accept the payment of our bills through
“RTGS/NEFT/Electronic Mode”.
The desired bank account details are given below:

1. Vendor Code allotted by IOCL in SAP

2. Name of Beneficiary (i.e., IOCL Vendor)
3. Name of the Beneficiary’s Bank
4. Address of the Beneficiary’s Bank Branch
5. Contact details of Branch with STD Code
6. Beneficiary’s Bank Account No. (as per cheque copy)
7. Beneficiary’s Account Type (SB/CC/CA)
8. Beneficiary’s Bank IFSC Code (11 Digit)
9. Mobile No of Beneficiary (One Number only)
10. E-Mail Id of Beneficiary (One Mail Id only)

A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the
accuracy of the bank account details.

I hereby declare that the particulars given above are correct and complete. I agree to receive
transactional SMS / E-Mail Alerts from IOCL with regard to my bill payments.

(Signature of Account Holder)

Seal of the Vendor
Enclosure: Cancelled Cheque

**** We hereby confirm that the above bank account details of beneficiary are correct in all
respects and the account of Beneficiary (IOCL vendor) is maintained at our bank branch.
(Name of Bank & Branch)

Authorized Signatory
**** Verification required only in case vendors name is not printed/appearing on the cancelled
cheque leaf being submitted to IOCL office.

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ANNEXURE-Q
SAFETY DECLARATION
I/We hereby declare and confirm that:
1. I/We shall strictly adhere to safety standards stipulated in the Safety Practices during
construction stipulated in the Oil Industry Safety Directorate (OISD) without exception.

2. I/We shall provide, without any exception, safety helmets & safety shoes to all our
employees/workmen/ labourers working at IOC locations (Retail Outlets, Consumer
Outlets, Depots, Terminals, AFS’s or any other location not specified here) for the purpose
of rendering services to the Corporation under the subject Contract

3. I/We shall provide, without any exception, Safety Belts to all our workmen/ labourers
working at heights (Including building roof top, canopy roof top etc) for the purpose of
rendering services to the Corporation under the subject Contract

4. I/We have read and understood the provisions of Clause 16 of the Special Terms &
Conditions of Contract regarding safety at worksites.

5. I/We shall be bound to pay a penalty of Rs. 5000/- for every incident of non-provision of
safety shoes/ safety helmet/ safety belts occurring during the pendency of the contract.

6. I/We shall take safe height working permit for working at heights.

7. I/We shall be solely responsible for any accident resulting from unsafe practices or due to
non-adherence to safety standard stipulated by the OISD. Any injury / loss of life resulting
from the above shall be solely at our risk & cost and we shall bear and pay solely and
absolutely all costs, charges and expenses including legal charges incurred in this
connection.

8. That the Corporation is not bound to be responsible, legally or otherwise, for any acts
and/or consequences of unsafe practices during execution of works during the pendency of
the contract.

9. The person signing this declaration is the authorized signatory.

Signature:

Name:

Address:

Date:

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ANNEXURE-R
DECLARATION
(On acceptance of tender, this undertaking shall be submitted on non-judicial stamp paper
of appropriate value)
Sub: Contract/Work Order No.......................................... Dated ………...............
We shall
1. Deploy trained and competent employees who are physically fit and are not suffering
from any chronic or contagious diseases.
2. Be responsible and liable for payment of salaries, wages and other legal dues of our
employees for the purpose of rendering the services required by the Corporation under
the above contract and shall maintain proper books of account, records and documents.
We shall however as the employer, have the exclusive right to terminate the service of
any of our employees and to substitute any person instead.
3. Be responsible and liable for payment of salaries, wages and other legal dues of our
employees for the purpose of rendering the services required by the Corporation under
the above contract and shall maintain proper books of account, records and documents.
We shall however as the employer, have the exclusive-right to terminate the services of
any of our employees and to substitute any person instead.
4. Comply in all respects with the provisions of all statues, rules and regulations applicable
to us and /or to our employees and in particular we shall obtain the requisite license
under the Contract Labour (Regulation and abolition) Act 1970 and the rules made there
under.
5. Ensure that our employees while on the premises of the Corporation or while carrying
out their obligations under the contract, observe the standards of cleanliness, decorum,
safety and general discipline laid down by the Corporation or its authorized agents and
the Corporation shall be the sole Judge as to whether or not we and/or our employees
have observed the same.
6. Personally, and exclusively employ sufficient supervisory personnel exclusively to
supervise the work of our employees so as to ensure that the services rendered under
this contract are carried out to the satisfaction of the Corporation.
7. Ensure that our employees will not enter or remain on the Corporation's premises unless
absolutely necessary for fulfilling our obligations under the contact.
8. Not do or suffer to be done in or about the premises of the Corporation anything
whatsoever which in the opinion of the Corporation may be or become a nuisance or
annoyance or danger or which may adversely affect the property, reputation or interest
of the Corporation.
9. Not do so suffer to be done in or about the premises of the Corporation anything whereby
any policy of insurance taken out by the Corporation against loss or damage by fire or
otherwise may become void or voidable.
10. Be liable for and make good any damage caused to the Corporation's properties or
premises or any part thereof or to any fixtures or fittings thereof or therein by any act,
omission, default or negligence on our part or on the part of our employees or our agents.
11. Indemnify and keep indemnified the Corporation, its officers and employees from and
against all claims, demands, actions, suits and proceedings, whatsoever that may be
brought or made against the Corporation by or on behalf of any person, body, authority
and whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges
and expenses and all other liabilities of whatsoever nature which the Corporation may
now or hereinafter be liable to pay, incur or sustain by virtue of or as a result of the
performance or non-performance or observance or non-observance by us of the terms

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and conditions of the contact. Without prejudice to the Corporation's other rights, the
Corporation will be entitled to deduct from any compensation or other dues to us the
amount payable by the Corporation as a consequence of any such claims, demands,
costs, responsible for death, injury or accidents to our employees which may arise out
of or in the course of their duties on or about the Corporation's property is made liable
to pay any damages or compensation in respect of such employees, we here by agree to
pay to Corporation such damages or compensation upon demand. The Corporation shall
also not be responsible or liable for any theft, loss, damages or destruction of any
property that belongs to us our employees lying in the Corporation's premises from any
cause whatsoever.
12. It is hereby declared that we are, for the purpose of this contract independent
contractors and all persons employed or engaged by us in connection with our obligations
under the Contract shall be our employees and not of the Corporation.
13. On the expiration of the contract or any earlier termination thereof, we shall forthwith
remove our employees who are on the Corporation's premises or an part thereof failing
which, our employees, agents, servants etc. shall be deemed to be trespassers and on
their failure to leave the Corporation's premises, the Corporation shall be entitled to
remove all persons concerned (if necessary use of force) from the Corporation’s premises
and also to prevent them (if necessary by use of force) from entering upon the
Corporation's premises.
14. We hereby undertake and declare that, in the event the workmen / employees /
person engaged by us ("the Contractors' employees") to carry out the purpose hereof,
attempt to claim employment with the Corporation or attempt to be declared as
employees of the Corporation or attempt to become so placed, then in all such cases,
we shall assist the Corporation in defending all such attempts of the Contractor's
employees AND we shall bear and pay solely and absolutely all costs, charges and
expenses including legal charges incurred or which may be incurred in defending all such
attempt and in any appeal or appeals filed by the Corporation therein or relating thereto
AND we hereby indemnify forever the Corporation against all such costs, charges and
expense including legal charges and against all and any loss, expenses or damages
whether recurring or not, financial or otherwise, caused to or incurred by the
Corporation; as a result of such attempt by the Contractors' employees.
15. It is hereby agreed that the Corporation shall be entitled to set off any debt or sum
payable by us either directly or as a result of vicarious of vicarious liability to the
Corporation against any monies payable or due from the Corporation to us against any
monies lying or remaining with the Corporation and belonging to us or any of our partners
or directors.

Contractor's Signature or Authorized Attorney

To be witnessed by Notary

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ANNEXURE-S
INDEMNITY BOND UNDERTAKING FOR PF (FOR SERVICES)
(On acceptance of tender, this undertaking shall be submitted on non-judicial stamp paper
of appropriate value)
THIS INDEMNITY BOND/ UNDERTAKING executed at ……………………………………. this
……………………………………… day ……………………….…………… of …………………………………….…….by M/s.
……………………………………………………………………………………………………. hereinafter called “The
Contractors”(which expression shall mean and include, if the context so admits, the partners
or partner for the time being of the Firm and their or his respective heirs, executors and
administrators; its successors and assigns in law) in favour of INDIAN OIL CORPORATION
LIMITED, a Company incorporated under the Company Act 1 of 1956 and having its Registered
Office at INDIAN OIL BHAVAN, G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400 051,
hereinafter called “The Corporation” (which expression shall include its successors and assigns
in law).

AND WHEREAS the Contractors are bound by law to comply with the provisions of various
Labour Laws like Inter State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act 1979, Contract Labour (Regulation and Abolition) Act 1970, Employees
Compensation Act 1923, Employees State Insurance Act as also the Provident Fund Act by the
Contractors but in the event of violation of the provisions of various amenities and facilities
to the workers under the different labour laws, not only the Contractors but also the
Corporation as the principal employer becomes liable for the acts of omissions and commission
by the Contractors.

IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND UNDERTAKING BY THE CONTRACTORS

to indemnify and keep indemnified the Corporation as stated hereinafter:
1. The Contractors hereby undertake to furnish a certificate with regard to the number of
labourers employed by them in Corporation and in other organization throughout the
country to the location in-charge of the Corporation where the work is being executed by
the Contractors.

2. The Contractors hereby confirm and state that they undertake to furnish the licence under
Contract Labour (R&A) Act 1970 as amended from time to time, if applicable, from the
competent authority to the Corporation’s representative.

3. The Contractors hereby undertake to keep proper record of attendance of his labourers
and provide a copy of the pay sheets officer nominated by the Corporation for supervision
of the payment of wages made to the labourers by the contractors.

4. The Contractors state that they are fully aware of the provisions of the Provident Fund
Act and the rules made thereunder and will ensure compliance under the Act.

5. The Contractors hereby undertake and agree that in the event of any claim on account of
P.F. liabilities arising in future, they shall keep the Corporation duly indemnified against
all losses, damages, charges, expensed, penalties, suits or proceedings which the
Corporation may incur, suffer or be put to on that account.

6. The Contractor hereby agree, confirm and declare that they have fully complied and will
comply with the provisions of various labour laws, particularly those referred to herein
above and that no violation of the provisions of various amenities and facilities to the
workers under different laws has been done by them and in the events of any past or
future violation of the various labour laws the contractors shall indemnify and keep the

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Corporation duly indemnified against all losses, damages, costs, expenses, penalties, suits
or proceedings which the Corporation may incur, suffer or be put to.

7. The Contractor hereby agree that the aforesaid indemnity undertaking is in addition to
and not in substitution of the terms and conditions contained in the Empanelment
documents and the Agreement executed by the Contractors with the Corporation.

8. The Contractors hereby confirm, agree and record that these terms of undertaking and
indemnity shall be irrevocable and unconditional and shall be binding on their heirs,
executors, administrators and legal representative and shall ensure for the Corporation’s
benefit and for the benefit of its successors and assigns.

Signature:
Name & Address:

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ANNEXURE-T
INDEMNITY BOND UNDERTAKING FOR ESIC (FOR SERVICE)
(On acceptance of tender, this undertaking shall be submitted on non-judicial stamp paper
of appropriate value)
THIS INDEMNITY BOND/ UNDERTAKING executed at ………………………………………………. This
………………………………………. day of …………………………….by M/s.
…………………………………….……………………………………………………………………… hereinafter called the
“Contractors” (which expression shall mean and include if the context so admits, the partners
or partner for the time being of the Firm and their or his respective heirs, executors and
administrators; its successors and assigns in law) in favour of INDIAN OIL CORPORATION LIMITED
a Company incorporated under the Companies Act I of 1956 and having its Registered Office
at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400 051, herein after called “the
Corporation” (which expression shall include its successors and assigns in law).

AND WHERE the Contractors are bound by law to comply with the provisions of various Labour
Laws like State Migrant Workmen (Regulation of Employment and Conditions of Service) Act
1979, Contract Labour (Regulation and Abolition) Act 1970, Employees Compensation Act 1923,
Employees State Insurance Act as also the Provident Fund Act by the Contractors but in the
event of violation of the provisions of various amenities and facilities to the workers under
the different labour laws, not only the Contractors but also the Corporation as the principal
employer becomes liable for the acts of omissions and commission by the Contractors.

IT IS THERFORE THE INTENT OF THIS INDEMNITY BOND UNDERTAKING BY THE CONTRACTORS

to indemnify and keep indemnified the Corporation as stated hereinafter:
1. The Contractors hereby undertake to furnish a certificate with regard to the number of
labourers employed by them in Corporation / in other organization throughout the country
to the Location-in-Charge of the Corporation where the work is undertaken by the
Contractors.

2. The Contractors hereby confirm and state that they undertake to furnish the licence under
Contract Labour (R&A) Act 1970 as amended from time to time, if applicable, from the
competent authority to the Corporation’s representative.

3. The Contractors hereby undertake to keep proper record of attendance of his labourers
and provide a copy of the pay sheets officer nominated by the Corporation for supervision
of the payment of wages made to the labourers by the contractors.

4. The Contractors state they are fully aware of the provisions of the ESIC Act, and the rules
made thereunder and will ensure compliance, if the same is applicable.

5. The Contractors hereby undertake and agree that in event of any claim on account of ESIC
liabilities arising in future, they shall keep the Corporation duly indemnified against all
losses, damages, charges, expenses, penalties, suits or proceedings which the Corporation
may incur, suffer or to be put to on that account.

6. The Contractor hereby agree, confirm and declare that they have fully complied and will
comply with the provisions of various labour laws, particularly those referred to herein
above and that no violation of the provisions of various amenities and facilities to the
workers under different laws has been done by them and in the events of any past or
future violation of the various labour laws the contractors shall indemnify and keep the
Corporation duly indemnified against all losses, damages, costs, expenses, penalties, suits
or proceedings which the Corporation may incur, suffer or be put to.

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7. The Contractor hereby agree that the aforesaid indemnity undertaking is in addition to
and not in substitution of the terms and conditions contained in the Empanelment
documents and the Agreement executed by the Contractors with the Corporation.

8. The Contractor hereby to confirm, agree and record that these terms of undertaking and
indemnity shall be irrevocable and unconditional and shall be binding on their heirs,
executors, administrators and legal representative and shall ensure for the Corporation’s
benefit and for the benefit of its successors and assigns.

Signature:
Name & Address Seal:
Date:

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ANNEXURE-U
BANK GUARANTEE FOR SECURITY DEPOSIT (FOR SERVICE)
(FOR INDIAN VENDORS)
(ON STAMP PAPER OF APPROPRIATE VALUE)
Contract No: __________________________

Bank Guarantee No.

Date:

Amount:

Valid up to:

Indian Oil Corporation Limited

(Marketing Division)
(TO BE ADRESSSED TO CONCERNED OFFICE)

BANK GUARANTEE PROFORMA IN LIEU OF SECURITY DEPOSIT

1. In consideration of the Indian Oil Corporation Limited having its Registered

Office at (hereinafter called “The Corporation”) having agreed to
exempt (hereinafter called “The said Contractor(s) / Supplier(s) /
Seller(s)”) from the demand under the terms and conditions of an
Agreement dated made between and for
(hereinafter called “The said Agreement”), of Security
Deposit for the due fulfillment by the said Contractor(s) / Supplier(s) / -
Seller(s) of the terms and conditions contained in the said Agreement, on
production of a Bank Guarantee for Rs. (Rupees only), we
(hereinafter referred to as “The Bank” at the request of
Contractor(s) / Supplier(s) / - Seller(s) do hereby undertake
to pay to the Corporation an amount not exceeding Rs.
against any loss or damage caused to or suffered or would be
caused to or suffered by the Corporation by reason of any breach by the said
Contractor(s) / Supplier(s) / Seller(s), of any of the terms or conditions
contained in the said Agreement.

2. We ( indicate the name of the bank) do hereby undertake to pay

the amounts due and payable under this guarantee without any demur, merely
on a demand from the Corporation stating that the amount claimed is due by
way of loss or damage caused to or would be caused to or suffered by the
Corporation by reason of breach by the said Contractor(s) / Supplier(s) / -
Seller(s) of any of the terms or conditions contained in the said Agreement
or by reason of the Contractor(s) / Supplier(s) ‘ failure to perform the said
Agreement. Any such demand made on the bank shall be conclusive as regards
the amount due and payable by the bank under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding
Rs. .

3. We undertake to pay to the Corporation any money so demanded

notwithstanding any dispute or disputes raised by the Contractor(s) /
Supplier(s) / Seller(s) in any suit or proceeding pending before any court or
Tribunal or Arbitrator relating thereto our liability under this present being
absolute and unequivocal. The payment so made by us under this bond shall

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be a valid discharge of our liability for payment there under and the
Contractor(s) / Supplier(s) / Seller(s) shall have no claim against us for making
such payment.

4. We, further agree that the guarantee herein contained shall

remain in full force and effect during the period that would be
taken for the performance of the said Agreement and that it shall continue
to be enforceable till all the dues of the Corporation under or by virtue of the
said agreement have been fully paid and its claims satisfied or discharged or
till office / department at certifies that the terms and
conditions of the said agreement have been fully and properly carried out by
the said Contractor(s) / Supplier(s) /Seller(s) and accordingly discharge this
guarantee. Unless a demand or claim under this guarantee is made on us
in writing on or before______we shall be discharged from all liability under
this guarantee thereafter.

5. We, (indicate the name of Bank) further agree with the

corporation that the corporation shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary
any of the terms and conditions of the said agreement or to extend time of
performance by the said Contractor(s) / Supplier(s) / - Seller(s) from time to
time or to postpone for any time or from time to time any of the powers
exercisable by the corporation against the said Contractor(s) / Supplier(s) /
Seller(s) and to forbear or enforce any of the terms and conditions relating to
the said agreement and shall not be relieved from our liability by reason of
any such variation or extension being granted to the said Contractor(s) /
Supplier(s) / - Seller(s) or forbearance, act or omission on the part of the
corporation or any indulgence by the corporation to the said Contractor(s) /
Supplier(s) / - Seller(s) or by any such matter or thing whatsoever which under
the law relating to sureties would, but for this provisions have affect of so
relieving us.

6. This guarantee will not be discharged due to change in the constitution of the
Bank or the Contractor(s) / Supplier(s) / Seller(s).

7. We, indicate the name of Bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the
corporation in writing.

Dated the day of _______ 200

For (indicate the name of Bank)
PLACE….
DATE……

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ANNEXURE-V
FORM OF CONTRACT (FOR SERVICE)
(On non-judicial stamp paper of appropriate value)
(To be executed on award of the work)
THIS CONTRACT made at Mumbai this ___________ day of ____________ 201 BETWEEN INDIAN
OIL CORPORATION LTD., a Government of India Undertaking registered in India under the
Indian Companies Act 1956, having its registered office at G-9, Ali Yavar Jung Marg, Bandra
(East), Bombay- 400 051 and the Headquarters at G-9, Ali Yavar Jung Marg, Bandra (East),
Bombay- 400 051 Mumbai (hereinafter referred to as the "OWNER" which expression shall
include its successors and assigns) of the One Part; AND _____________ carrying on business
in sole proprietorship/ carrying on business in partnership under the name and style of
______________________ a Company registered in India under the Indian Companies Act,
1913/ 1956 having its registered office at _______________________ (hereinafter referred to/
as collectively referred to as the "Contractor" which expression shall include his/ their/ its
executors, administrators, representatives and permitted assigns/ successors and permitted
assign) of the other part:
WHEREAS
The OWNER desires to have executed the work of _______________________________ more
specifically mentioned and described in the contract documents (hereinafter called the 'work'
which expression shall include all amendments therein and/ or modifications thereof) and has
accepted the tender of the CONTRACTOR for the said work.
NOW, THEREFORE THIS CONTRACT WITNESSETH as follows:
ARTICLE – 1
Contract Documents
The following documents shall constitute the Contract documents, namely
(a) This contract.
(b) Tender documents as defined in the General Instructions to Tenderers.
(c) Letter of Acceptance of Tender along with Fax/ Telegram of Intent.
A copy of each of the Tender Documents is annexed hereto and the said copies have been
collectively marked Annexure 'A' while a copy of the letter of Acceptance of Tender along with
annexures thereto and a copy of Fax/Telegram of Intent dated ________ are annexed hereto
and said copies have been collectively marked as Annexure 'B".
ARTICLE – 2
Work to Be Performed
The CONTRACTOR shall perform the work upon the terms and conditions and within the item
specified in the Contract documents,

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ARTICLE – 3
Compensation
Subject to and upon the terms and conditions contained in the Contract documents, the
OWNER shall pay CONTRACTOR compensation as specified in the Contract documents upon the
satisfactory completion of the work and/ or otherwise as may be specified in the Contract
documents.
ARTICLE – 4
Jurisdiction
Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any
and all actions and proceedings arising out of or relative to the contract (including any
arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this
behalf at ________ (where this Contract has been signed on behalf of the OWNER) and only
the said Court(s) shall have jurisdiction to entertain and try any such action(s) and/ or
proceeding(s) to the exclusion of all other Courts.
ARTILE – 5
Entire Contract
The Contract documents mentioned in Article - I hereof embody the entire Contract between
the parties hereto, and the parties declare that in entering into this Contract they do not rely
upon any previous representation, whether express or implied and whether written or oral, or
any inducement, understanding or agreements of any kind not included within the Contract
documents and all prior negotiations, representations, contacts and/ or agreements and
understandings relative to the work are hereby cancelled.
ARTICLE – 6
Notices
Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference to the
Contract shall be deemed to have been sufficiently served upon the OWNER (notwithstanding
any enabling provisions under any law to the contrary) only if delivered by hand or by
Registered Acknowledgment Due Post to the Engineer in- Charge as defined in the General
Conditions of Contract.
Without prejudice to any other mode of service provided for in the Contract Documents or
otherwise available to the OWNER, any notice, order or other communication sought to be
served by the OWNER on the CONTRACTOR with reference to the Contract, shall be deemed
to have been sufficiently served if delivered by hand or through Registered Post
Acknowledgement Due to the principal office of the CONTRACTOR at ___________________
or to the CONTRACTOR's representatives as referred to in the General Conditions of Contract
forming part of the Contract Documents.

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ARTICLE-7
Waiver
No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms of
the Contract or any obligation or liability of the CONTRACTOR in terms thereof shall be
deemed to be a waiver of such right, remedy, obligation or liability, as the case may be, by
the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at any
time to enforce such right, remedy, obligation or liability, as the case may be.
ARTICLE-8
Non-Assignability
The Contract and benefits and obligations thereof shall be strictly personal to the
CONTRACTOR and shall not on any account be assignable or transferable by the CONTRACTOR.
IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place,
day and year first above written
SIGNED AND DELIVERED for and on behalf of INDIAN OIL CORPORATION LTD.
by..........................................
in the presence of
1.
2.
SIGNED AND DELIVERED for and on behalf of
.......................................... (CONTRACTOR)
by..........................................
(This day of _____________ 20___)
in the presence of
1.
2.

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ANNEXURE-W
PROFORMA OF PERFORMANCE BANK GUARANTEE (FOR GOODS)
(On Non-Judicial Stamp Paper as prescribed in the respective State)

Purchase Order No. & Date: __________________________

Bank Guarantee No.:________________________________
Dated :____________________________________________
Amount Rs.:________________________________________
Valid upto :_________________________________________

INDIAN OIL CORPORATION LIMITED

(MARKETING DIVISION )
(Address of IOCL office as specified in tender)

WHEREAS Indian Oil Corporation Limited having it's registered office at G-9, Ali Yavar Jung
Marg, Bandra (East), Mumbai -51 (hereinafter called the ‘CORPORATION’ which expression
shall include its successors, assigns) has placed a Purchase Order No._____________
dated.____________ on Messrs. __________________
______________________________________having its Registered Office at
_________________________________________________ ____________ _______________
(hereinafter called ‘ the Suppliers’ which expression shall in so far as the context admits
include their successors and assigns) for the purchase of ____________________________ on
terms and conditions mentioned in the said Purchase Order.
AND WHEREAS in terms of Clause No. _____ of the said purchase order the Suppliers are
required to submit a Bank Guarantee for 5% of the Order value amounting to Rs.
_________________ towards the performance of the units during the warranty period spelt
out in the said order :
AND WHEREAS we _______________________, the Bank (hereinafter called the ‘Bank’ which
expression shall include its successors assigns) on the request made by the Suppliers have
agreed to give the required Bank Guarantee aforesaid.
NOW THIS INDENTURE WITNESSETH that it is agreed by and between the parties hereto as
follows:
1. We, the Bank so as to bind ourselves and our successors and assigns do hereby
irrevocably undertake and guarantee performance of the units that may be supplied
by the suppliers under the above said Purchase Order and do hereby irrevocably
undertake to pay to you on demand in writing without demur and without reference
to the Suppliers all and any sums of money at any time or from time to time demanded
by you upto an aggregate limit of Rs._______________ which being the 5% value of the
above said Purchase Order if all or any of the Units that may be supplied by the
Suppliers fail/s in their warranty period mentioned in the Contract.

2. We, further, agree that the guarantee herein contained shall remain in full force and
effect upto and until the date of completion of the warranty period mentioned in the
Contract which is 18 months from the date of commissioning or 24 months from date
of receipt whichever is earlier, provided always that notwithstanding anything
heretofore contained the liability of the Bank hereunder shall remain valid till
________________________ after which date it will automatically lapse unless a
demand is made by the Corporation before that date.

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3. Although as between the Bank and Suppliers the Bank is the guarantor only, the Bank
agrees and confirms that as between itself and the Corporation, the Bank shall be
primarily liable for the payment of the amount/s that may be claimed by the
Corporation by virtue of this guarantee and that the Bank shall be treated as the
principal debtor.

4. We further agree that the Corporation shall have the fullest liberty without affecting
in any manner our obligations hereunder and without reference to us to vary any of
the terms and conditions of the said Contract and / or to extend time of performance
by the Suppliers from time to time or to postpone for any time or from time to time
any of the obligations of the Suppliers or powers exercisable by the Corporation against
the Supplier and / or forbear or enforce any of the terms and conditions of or relating
to the said contract, and that we shall not be released from our liability under this
guarantee / undertaking by reasons of any such variation or extension being granted
to the said Supplier or for any forbearance and/or omission on the part of the
Corporation or any indulgence by the Corporation to the Supplier.

5. The Bank will not be entitled to any of the rights conferred on Sureties by Sections
133,134,135,139 and 141 of the Indian Contract Act,1872.

6. The Bank will not require any proof or judgement, document, decree or any direction
from any Court/Arbitrator or otherwise to substantiate the claims of the Corporation
against the Suppliers. The right of the Corporation under this guarantee will not be
affected by reason of any pending proceeding before any Court or Arbitrator.

7. Notwithstanding anything contained herein before our liability under this Guarantee is
restricted to Rs.__________________.

8. We further agree that this Guarantee shall not be affected by any change in the
Constitution of the Bank or the Suppliers.

Signed this ________________day of ___________________

Yours faithfully,
For ________________________ Bank

Signature ___________________________

Specimen Sign. no. ___________________

Name & Designation ________________

Name of the Branch __________________

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 Indian Oil Corporation Limited (Marketing Division)
Version: 4.0 (GeM) Date: 07.11.2024

ANNEXURE-X
PURCHASE AGREEMENT (FOR GOODS)
(On Non-Judicial Stamp Paper as prescribed in the respective State)

Articles of Agreement made at _____________ this ______________ day of_______________

Two Thousand _______________ between the INDIAN OIL CORPORATION LIMITED,
incorporated under the Indian Companies Act I of 1956, being an Government Company and
having its Registered Office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400 051,
hereinafter referred to as `The Corporation’ of the one part and M/s
_________________________________ Sole Trader/ Partnership Firm / Private / Public
Limited Company registered under the Indian Partnership Act of 1932/Companies Act, 2013
and having its Office at __________________________________________ hereinafter called
`The Seller' which expression shall be deemed to include the Seller's successors (approved
by the Corporation), representative, heirs, executors and administrators on the other part,
WHEREAS the Corporation is desirous of obtaining certain Equipment / Materials specified in
the attached schedule and / or Purchase Order and WHEREAS the Sellers have agreed with
the Corporation for the supply of the said stores specified in the said schedule upon certain
terms and conditions hereinafter provided and WHEREAS the parties are desirous of reducing
to writing the terms and conditions of the contract on which the Sellers have agreed with
the Corporation for the supply of the said Equipment/Materials, NOW IT IS HEREBY AGREED
by and between the parties hereto as under :

1. EQUIPMENT / MATERIALS TO BE SUPPLIED :

The Sellers shall duly supply the said Equipment/Materials as per description,
quantity and rates specified in the schedule and/or Purchase Orders placed by the
Corporation from time to time and in all respects with the specifications, designs,
drawings and instruction in writing referred to in the schedule and or said Purchase
Order.
2. PAYMENT:

The Corporation shall pay to the Sellers in respect of the said equipment/materials
mentioned in the scheduled/Purchase Order on the basis of the rates specified in the
said schedule/Purchase Orders.

3. PERFORMANCE BANK GUARANTEE / PERFORMANCE SECURITY:

The Sellers shall deposit with the Corporation a Sum of Rs.______________ by Cash
(as Bank transfer) or Bank Guarantee on our Standard Form within ……………days of
the date of order/award of contract. The Corporation shall hold this amount as
Performance security (PBG) for Guarantee for the timely and proper performance of
the said contract by the sellers.

All sums of compensation or other sums of money payable by the Sellers to the
Corporation under the terms of this Agreement may be deducted from or paid by the
Sale of a sufficient part of the Performance security(PBG) or from the interest arising
there from any sums which may be due or may become due by the Corporation to

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the Sellers on any account whatsoever, and in the event of their Performance
security(PBG) being reduced by any reason or such deduction or sale as aforesaid,
the Sellers shall within 15 days thereafter make good in Cash (as bank transfer) or
only Demand Draft any sum or sums which may have been deducted from/or raised
by Sale of the Performance security(PBG) or any part thereof.

The Performance security (PBG) lodged by the Sellers shall be refunded after the
expiry of ………………….. months from the date of satisfactory completion of all
contractual obligations as applicable (including warrantee obligations / Defect
Liability Period / warranty period ) plus the claim lodgement period, if any.

4. MANNER & PERIOD IN WHICH THE EQUIPMENT / MATERIALS ARE TO BE SUPPLIED:

The Sellers agree and undertake to supply the Equipment/Materials set forth in the
Schedules/Purchase Order No. _______________________________ dated ________
and subsequent amendments if any, issued thereto from time to time.

The Said Equipment/materials being goods of merchantable quality shall throughout

the stipulated period of the contract be supplied with the due diligence, promptness,
care and accuracy and in a workman like manner to the satisfaction of the
Corporation and in accordance with the said specification, designs, drawings and
instructions or before the aforesaid due date, time being the essence of the contract
on the part of the Sellers.

5. TIME FOR A RATE OF DELIVERY / DESPATCH, THE ESSENCE OF THE CONTRCT

The time given for delivery / despatch shall commence from date of the Purchase
Order / Contract by the Seller.

The time for and the rate of delivery / despatch stipulated in the said Purchase Order
/ Contract for the delivery or despatch of the equipment / materials shall be deemed
to be the essence of the contract and should Seller fail to deliver / despatch the
same within the scheduled delivery period, the Corporation shall be entitled to
withhold the payment, if necessary, until the quantity against the order has been
supplied and also to recover from the seller the penalty as stipulated in the
Agreement. Alternatively, at the option of the Corporation, the Corporation shall be
entitled to purchase from elsewhere on the account and at the risk of the Seller, the
equipment / materials thereof which the Seller has failed to deliver / despatch as
aforesaid or if not available the best and nearest available substitute thereof, or to
cancel the contract and the Seller shall be liable for any loss or damage which the
Corporation may sustain by reasons of such failure on the part of the seller.

6. PRICE REDUCTION FOR DELAYS IN DELIVERY:

The Sellers hereby agree to pay to the Corporation by way of price reduction for
delay and not as penalty, an amount equal to 1/2 % (one half percent) of the
contracted price of the materials so delayed for each week or Part thereof, of such
delay in delivery subject to a maximum of 10% of such price.
For the purpose of calculating Price Reduction for Delay, date of receipt of material
at consignee location shall be taken as date of supply.

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7. INSPECTION OF SUPPLIES:
The Corporation through its authorised representative reserves the right to inspect
periodically during the manufacture or before delivery all equipment and materials
and workmanship for the acceptance of quality and efficiency. The said
representative will be the sole judge thereof if at the time, during the progress of
any particular portion of manufacture or before delivery of materials is
unsatisfactory, the Corporation shall be entitled to take action under Clause No. 5
(FIVE) above after giving the Sellers 15 days/one month/three months notice in
writing as considered appropriate and the Sellers will have no claims for
compensation for any loss sustained by them owing to such action.

All equipment and materials under or in course of execution or executed in pursuance

of this contract, shall at all times be open to the inspection and supervision of the
Corporation and their authorised representative and Agents. The Sellers shall at all
time, during the usual working hours and at all other times after having received
reasonable notice, allow the Corporation and their authorised representatives and
agents to visit the contractor's premises and carry out the necessary orders and
instructions.

8. PAYMENT:
Invoices shall be submitted by the Seller immediately on delivery / despatches of
equipment / materials, duly supported by acknowledged challans in case of local
deliveries or proof of despatch (R/R, or L/R from Road Transport Contractor) for
effecting payment in accordance with the terms of the Purchase order against proper
official stamped receipt from the Seller or his duly authorised representative.

9. AGREEMENT:
9.1 This Agreement is subject to terms and conditions contained in the tender in so
far as the same is not inconsistent with or repugnant to the above clauses. A copy
of the terms and conditions contained in the tender would be deemed to have
been studied and agreed to by the Contractors before their signing this
agreement. In case of any inconsistency, the order of precedence under Special
Terms and Conditions / tender document shall prevail.

9.2 This agreement is subject to the special conditions stipulated in our schedule and
or Purchase Order No. ________________________ dated ____________ and
subsequent amendments, if any, issued from time to time.

SIGNATURE OF (SELLER) SIGNATURE OF (CORPORATION)

WITNESS WITNESS
1. 1.

2. 2.

Date:
Place:

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 GENERAL CONDITIONS OF CONTRACT

INDEX

SL.
HEADING PAGE NO
NO.
1. Section – 1 : Definitions 02
2. Section – 2 : General 06
3. Section – 3 : Materials, Labour & Equipment 19
4. Section – 4 : Performance of Work 29
5. Section – 5 : Inspection, Testing & Quality Assurance 42
6. Section – 6 : Measurements & Payments 52
7. Section – 7 : Termination 63
8. Section – 8 : Miscellaneous 68
9. Section – 9 : Arbitration & Alternative Dispute Resolution Machinery 76
10. Section – 10 : Safety Code 79
11. Appendix – I to General Conditions of Contract : Contractors” Labour
84
Regulations
12. Appendix – II to General Conditions of Contract : Model Rules for Labour
90
Welfare
13. Instructions to Tenderers 94
14. Proforma of Declaration of Blacklisting/Holiday Listing 102
15. Equipment Questionnaire 103
16. Experience Questionnaire 104
17. Form of Tender (For Price Bid) 105
18. Form of Tender (For Commercial Bid) 107
19. Information about Tenderer 109
20. Form of Contract 110
21. Form of Bank Guarantee in lieu of EMD 113
22. Form of Bank Guarantee in lieu of Security Deposit/ Initial Security Deposit 116
23. Form of Bank Guarantee to cover Lumpsum Advance (Mobilisation) 119
24. Appendix- III to GCC of Contract: Safety Practices during Construction 122
25. Safety Codes for Civil Works 158
26. Corrigendum to GCC 160

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GENERAL CONDITIONS OF CONTRACT

SECTION 1

DEFINITIONS

[Link] The following expressions hereunder and elsewhere in the Contract

Documents used, unless repugnant to the subject or context thereof, shall have
the following meanings hereunder respectively assigned to them, namely :

[Link] “Acceptance of Tender” shall mean the Acceptance of Tender issued by the
OWNER to the CONTRACTOR. And shall include a letter, telegram or fax of
acceptance or other notification of award of work ,and a detailed Letter of
Acceptance.

[Link] “Approval” shall mean the written and signed approval of the OWNER or OF
engineer-in-Charge or Consultant authorized in this behalf by the OWNER, and
with respect to a plan or drawing shall include an approval in Code 2, subject
to the limitation(s) specified in such approval.

[Link] “Approval in Code 2” shall mean an approval to proceed with the work covered
by plans or drawings subject to certain limitation(s) as specified in such
approval.

[Link] The “Contract” shall mean the agreement between the parties as derived from
the Contract Documents.

[Link] The “CONTRACTOR” shall mean Individual, agency, Firm or Company (whether
incorporated or not) selected by the OWNER for the performance of the
Contract and shall include its legal representatives, successors and permitted
assigns.

[Link] The “Contract Documents” shall mean the contract documents as defined in
Article 1 in the From of Contract.

[Link] “Completion” or “Final Completion” shall mean the successful provision of all
material and inputs and the successful completion and conclusion of all
activities required in all respects to complete the contractual works in
accordance with the contact, but shall not include the obligation to rectify
defects during the Defect Liability Period.

[Link] “Completion Certificate” shall mean the Completion Certificate issued by the
Engineer-in-Charge in accordance wit the provisions thereof.

[Link] “Commissioning” of a Plant or Unit shall mean pressing into service the unit(s)
equipment(s), vessels, pipeline(s), machinery and systems and sub-systems
comprising the Plant, in accordance with the approved Operation manual and
as per procedures recommended by the Designer/Process Licensor or Supplier
thereof, and approved by the OWNER, after successful trial runs of the
Plant/Unit.

[Link] “Consultant” shall mean the Consultant appointed by the owner for the Project
or the Works.

[Link] “Consumables” shall mean all Items which are consumed in the execution of
the work without being directly incorporated in the Work, such as fuel,
electricity, water, POL, welding rods, electrodes and utilities.

[Link] “Defect Liability Period” shall mean the defect liability period as specified in

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the contract.

[Link] The “Engineer-in-Charge” shall mean the .Engineer or other officer of the
OWNER, Consultant or other organisation for the time being nominated by the OWNER
in writing to act as Engineer-in-Charge for the purpose of the Contract or any specific
works.
[Link] “Final Certificate” shall mean the final certificate issued by the Engineer-in-
Charge in accordance with the provisions hereof.

[Link] “General Manager” shall mean the Executive Director, General Manager or
other Chief Executive (howsoever designated) of the Project to which the
Contract relates, and if there is no such separate Chief Executive, shall
mean the Executive Director (if any) or the General Manager, as the case may
be, of the Refinery, Unit or Department of the OWNER to which the Project
relates.

[Link] “Guarantee tests” shall mean all tests, undertaken after the Plant goes into
operation and has stabilized, for ensuring that the functioning of the Plant
meets all guarantees, as regards throughput, quality and magnitude/quantity of
output, at the final stage as well as at the stipulated interim stages of
operation/process, as well as in respect of consumption of utilities, chemicals
and catalysts, etc.

[Link] “Job Site” shall mean any site at which the work is to be performed by the
CONTRACTOR, and shall include a part or portion of the job site.

[Link] “Manuals” shall mean the Erection arid Installation Manual of the various
equipment and machinery forming part of the Work(s) or Plant(s)/Unit(s) as
well as the Operation and Maintenance Manuals thereof.

[Link] “Materials” shall mean all materials, plant, machinery, instruments,

components, equipments, sub-assemblies and assemblies, parts, spares and
other items or things required for permanent incorporation in the works.

[Link] “Mechanical Completion”, as applied to a Plant or Unit, shall mean the

completion of civil works, erection, aligning and grouting of all mechanical and
electrical equipment and piping, hydrostatic and other testing of all storage
tanks, vessels, piping etc., all electrical and all utility connections to the
equipment, mounting and fixing of all instruments, control systems and
connecting them as required, testing and trial runs of all equipment on “no-
load” and bringing the Plant to a state of readiness for pre-commissioning.

[Link] “Notified Claim” shall mean a claim of the CONTRACTOR notified in accordance
with the provisions of Clause [Link] hereof.

[Link] “Order” and “Instruction” shall respectively mean any written Order or
Instruction given by the Engineer-in-Charge or Site Engineer within the SCOPE
of their respective powers in terms of the Contract.

[Link] The “OWNER” shall mean Indian Oil Corporation Limited, a company
incorporated in India and having its registered office at G-9, Au Yavar Jung
Marg, Bandra (East), Mumbai-400 051 and shall include its successors and
assigns.

[Link] “Plans” and “Drawings” shall mean and include all technical documentation
such as maps, sketches, designs, drawings, plans, details, charges, schedules,
tracings, prints, computer outputs, printouts, and manuals, relating to the work
forming the subject matter of the contract, including but not limited to those
forming part of the tender Documents, Offer Documents, and working drawings
and details, together with amendments/ alterations/ revisions/ modifications
thereto, as may have been approved by and/or furnished by the OWNER, the

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 GENERAL CONDITIONS OF CONTRACT
Engineer-in-Charge and/ or THE consultant, as well as “As Built” drawings to be
submitted by the CONTRACTOR, as required under the contract.

[Link].1 “Pre-commissioning” shall mean the activities to be taken up before the taking
up of Start-up, Commissioning and trial runs of the Plant/Unit, and shall
include, without being limited to, all operations such as checking of all
systems, subsystems, piping and vessels, flushing with air, water and steam,
air-blowing and steam-blowing, system pressure and leak tests, purging with
inert gas as required, checking all electrical equipment for earthing,
resistances, operability tests and cold run on all operating equipment, vessels
and systems individually and in combination, integration of all control systems
with one another and with the main control system, and completion of all
operations detailed under the head, “COMPLETION OF CONSTRUCTION” in API-
700.

[Link] “Progress Schedule” shall mean the Progress Schedule established by the
CONTRACTOR and approved by the Engineer-in-Charge for completion of the
work(s) within the time schedule in accordance with the provisions hereof and
failing such Progress Schedule, shall mean the Progress Schedule established by
the Engineer-in-Charge in accordance with the provisions hereof.

[Link] “Performance Test(s)” shall mean all tests meant to ensure that the
Plant(s)/Unit(s) is/are in all respects in accordance with the requirements of
the Contract and that the Plant functions properly and smoothly, in all respects
as per the approved design parameters, within the permissible tolerances, and
satisfies all the stipulated operating parameters, and will include the
Guarantee Tests.

[Link] “Project” shall mean the project embracing the work(s) forming the subject
matter of the Contract.

[Link] The “Site Engineer” shall mean the Engineer(s)/Officer(s) for the time being
designated by the Engineer-in-Charge as his representative(s) in writing, and
authorized by him to assist him in performing his duties and functions for the
purpose of the Contract.

[Link] “Plant” or “Unit” shall mean the grouping of and assembly of systems,
subsystems, machinery’, equipment, piping and associated facilities, designed
to function as a cognizable part of the Project Facility whether alone or in
conjunction with other Plants/Units and Facilities. (Examples: Distillation Unit,
Reformer Unit or Desulphurisation Unit.).

[Link] “Schedule of Rates” or “Price Schedule” shall mean the Schedule of Rates or
Price Schedule annexed to the Acceptance of Tender, and shall also include a
lump sum price.

[Link] The “Specification(s)” shall mean the various specifications as set out in the
Specifications forming part of the Tender Documents and as referred to and
derived from the Contract and any order(s) or instruction(s) there under, and in
the absence of any specifications as aforesaid covering any particular work or
part or portion thereof, shall mean the Specifications and Codes of the Bureau
of Indian Standards and other Organizations, including but not limited to British
Standards Institution, ASTM, ASME, ANSI, API, AWS, AWWA, NACE, HEI, IEC, IBR,
IEEE, EIL, CPWD, etc, with such modifications’ as may be applicable for the
particular part(s) of the Contract, as decided by the Engineer-in-Charge and as
per Standard Engineering and Industry Practice and/or as directed by the
Engineer-in-Charge.

[Link] “Security Deposit” shall mean the Security Deposit as specified in Clause
[Link] hereof and associated clauses there under.

[Link] “Subsystems” shall mean the further breakdown of a System into its subsections
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 GENERAL CONDITIONS OF CONTRACT
and sub-components, each designed to fulfill a precisely demarcated function
or role in the working of the system. (Example: Demineralistion of boiler feed
water and fuel injection for boilers for the Steam Generation system).

[Link] “Start-up” shall mean all activities required to be performed after pre-
commissioning and prior to trial operation and shall include final pre-
commissioning inspection and check out of equipment, vessels and system(s)
and supporting sub-system(s), initial operation of complete equipment

and systems within the Plant/Unit to obtain necessary pre-trial operation data,
confirmation and correction of calibration, shutdown inspection and adjustment
and other steps required to be taken prior to and enable commissioning/trial
operation.

[Link] “System” shall mean the breakdown of the Plant or Unit into specific sections
and components, each designed to fulfill a precisely demarcated function or
role in the working of the Plant/Unit (Examples: Fresh water system,
circulating water system, steam and power generation and distribution system,
fuel system, effluent system in a Power Plant.)

[Link] “Time Schedule” shall mean the Time Schedule for final completion of the
Works or Mechanical Completion of the Plant(s)/Unit(s), as the case may be,
incorporated in the Contract or as may be extended by the OWNER or Engineer-
in-Charge pursuant to the provisions hereof and shall include interim time
schedules set up for achieving interim/phase-wise/stage-wise
progress/completion/testing/commissioning/ handing over, as may be
prescribed by the OWNER/Engineer-in-Charge, within the overall Time Schedule
as originally envisaged or as extended.

[Link] The “Total Contract Value” shall, upto calculation of the entire remuneration
due to the CONTRACTOR in terms of the contract on successful completion of
the work, mean the Total Contract Value as specified in the Acceptance of
Tender, and after calculation of the entire remuneration due to CONTRACTOR
under the contract on successful completion of the contract, shall mean the
totality of such remuneration.

[Link] “Utilities” shall mean power, electricity, gas and other sources of energy,
water, earth and other things whatsoever (other than materials and
consumable(s) required for or in the performance of the work(s).

[Link] “Work”, “Scope of Work”, “Service”, and “Scope of Services”, shall mean the
totality of the work, services and activities to be performed or undertaken and
the totality of the responsibilities to be discharged, as envisaged by expression
or implication in the contract and shall include all inputs required for such
performance and discharge including (but not limited) to know-how,
design/engineering inputs, preparation and supply of drawings and details,
project management (including pre-construction activities, tendering,
procurement, inspection and expediting), construction supervision, pre-
commissioning, start-up and commissioning and supply of consumables, labour,
construction and other requisite machinery and equipments, utilities and inputs
required for, relative or incidental to and/or in connection with the
performance of the contract up to completion (including testing,
commissioning, handing over, troubleshooting, rectification, maintenance and
defect liabilities).

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SECTION - 2

GENERAL

[Link] INTERPRETATION OF CONTRACT DOCUMENTS:

[Link] Singular and Plural: Where (lie context so requires, words imparting the
singular also include the plural and vice versa.

[Link] Masculine amid feminine: Where the context so requires, words imparting the
masculine gender shall also include the feminine gender and the neuter
gender and vice versa.

[Link] Meanings: Unless expressly stipulated to the contrary in this contract:

(i) the words “direction(s)/directed”, “instruction(s)/instructed,”
“order(s)/ordered,” “requirement(s)/required”,
“permission(s)/permitted”, “approval(s)/approved”, shall mean the
written directions, instructions, orders, requirements, permissions or
approvals, as the case may be, of the OWNER or of the Engineer-in-
charge.
(ii) The words “as felt”, “considered necessary”, acceptable”. “desirable”
or “satisfactory”, shall mean that the OWNER or Engineer-in charge
feels or considers. that the particular thing is necessary, acceptable,
desirable, or satisfactory, as the case may be.

[Link] Language: All documents pertaining to the contract, including drawings,

manuals and any other writings shall be in the English, Language. The
translations, if any, in Hindi or any other language, as may be furnished by the
OWNER of any of the documents forming the contract, shall not anywise
operate as the contract between the parties or regulate upon the terms and
conditions of the Contract Documents with the intention that all rights and
obligations of the parties in terms of Contract Documents and any reference to
the Contract or Contract Documents or any of item shaII be deemed the rights
and obligations arising out of the Contract Documents as written in English and I
or Contract or Contract Documents or any of them as written in English; and. no
claim, dispute, difference or other objection will lie or will be entertained by
the OWNER on account of any difference in the import or interpretation
between any provision in Hindi or any other language translation of the
Contract Documents or any of them and the Contract Documents in English.

[Link] Measurement Units: The metric system of measurement units shall be used in
the contract, unless otherwise expressly stipulated.

[Link] The several Contract Documents forming the contract are to be read
together as a whole and are to be taken as mutually explanatory.

[Link] Should there be any doubt or ambiguity in the interpretation of the Contract
Documents or error, omission or contradiction therein or in. any of them, the
CONTRACTOR shall, prior to commencing the relative work, apply in writing
to the Engineer-in-Charge for his decision in resolution of the doubt, ambiguity
or contradiction or correction of the error or omission, as the case may be.
Should the CONTRACTOR fail to apply to the Engineer-in-Charge for his
decision, as aforesaid, prior to commencing the relative work, the
CONTRACTOR shall perform the said work at his own risks, and the provisions of
Clause [Link] hereof shall apply to any such work performed by time
CONTRACTOR.

[Link] Notwithstanding anything provided in Clause [Link] hereof above, either the
CONTRACTOR or the Site Engineer may at any time prior to, during or after the
execution of the work or any part thereof (if the CONTRACTOR has failed to make an
application as provided for in Clause [Link]) apply to the Engineer-in-Charge in

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 GENERAL CONDITIONS OF CONTRACT
writing for his decision in resolution of any doubt, ambiguity or

contradiction, in the Contract Documents or any of them of the correction of any error
or omissionn therein as the case may be.

[Link] The decision of the Engineer-in-Charge or any application under Clause [Link]
or Clause [Link] hereof shall be in writing and shall be final and binding upon
the CONTRACTOR and shall form part of the Contract Documents, with the
intent that the Contract Documents shall be read as though the said decision is
and was at all times incorporated therein.

[Link] In the event of the CONTRACTOR having already performed or executed any
work at variance with the decision of the Engineer-in-Charge as aforesaid, then,
notwithstanding payment in respect of such work having been made to the
CONTRACTOR, such work shall be deemed to be a defective work and the
provisions of Clause [Link] hereof and associated clauses there under shall
apply thereto.

[Link] Any work shown, indicated or included in the job description, Plan(s),
drawing(s), Specifications and / or Schedule of Rates shall be deemed to form
part of the work, notwithstanding failure to show, indicate or include such work
in any other or others among the Documents aforesaid with the intent that the
indication or inclusion of the work within any one of the said documents shall
be deemed to be a sufficient indication or inclusion of the work within the work
covered by the contract.

[Link] No verbal agreement, assurances, representations or understanding given by

any employee or officer of the OWNER or so understood by the CONTRACTOR,
whether given or understood before or after the execution of the contract,
shall anywise bind the OWNER or alter the Contract Documents unless
specifically given in writing and signed by the a person specifically authorised
by the OWNER and given as an Agreed Variation to the relative term(s) in the
Contract Documents.

[Link] Clause headings given in this or any other Contract Document are intended only
as, a general guide for convenience in reading and segregating the general
subject of the various clauses, but do not form part of the Contract Documents,
with the intent that the clause headings shall not govern the meaning or
importance of the clauses there under appearing or confine or otherwise affect
the interpretation thereof.

[Link] In case of irreconcilable conflict in non technical matters between the

provisions in the separate contract documents concerning or governing the
same aspect precedence shall be given to the provisions contained in the
documents mentioned below in the order in which they are set out below:
1. Formal Contract
2. Acceptance of Tender
3. Price Schedule annexed to Letter of Acceptance
4. Agreed Variations annexed to the Letter of Acceptance
5. Addenda to the Tender documents
6. Special Conditions of Contract
7. Special Instructions to Tenderers
8. General Conditions of Contract
9. Instructions to Tenderers

A variation or amendment issued after the execution of the formal contract

shall take precedence over the formal contract and all other Contract
Documents.

[Link] In case of irreconcilable conflict in technical matters between the provisions in

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two separate contract documents concerning or governing the same aspect,
clauses [Link] and [Link] shall be applied.

[Link] SECURITY DEPOSIT:

[Link] The CONTRACTOR shall furnish Security Deposit in the amount equivalent to
10% (ten percent) of the total contract value. Such Security Deposit is to be
held by the OWNER as security for the due performance of the CONTRACTOR’S
obligations under the contract.

[Link] The Security Deposit shall be made tip of the Initial Security Deposit, and the
Retention Monies, of a sum equal to 10% (ten percent) of the -total (gross)
value of each bill, up to and until the recovery of full Security Deposit to the
extent specified in Clause [Link] hereof is achieved. The deductions for the
retention money(ies) will be stopped after the Security Deposit limit of 10%
(ten percent) of the Total Contract Value is reached, unless otherwise required
in terms of Clause [Link] hereof.

[Link] The CONTRACTOR shall, within 10 (ten) days of the receipt of Acceptance of
Tender issued by the OWNER, deposit Initial Security Deposit in an amount
equal to 2.5% (Two and one half percent) of the total contract value as
aforesaid, in one or more of the following modes, subject to the stipulation(s)
contained in the said Acceptance by the OWNER.

a) by Demand draft/Pay Order drawn on a Banking Branch of a

Nationalised / Scheduled Bank payable to the OWNER at the location
where the Office of the OWNER is situated. (cheques shall not be
accepted).

b) If the Earnest Money Deposit has been made in cash or by Demand

Draft, the CONTRACTOR may be permitted to adjust the same towards
part of the Initial Security Deposit and pay the balance in the manner
stipulated at (a) above.

c) By Bank Guarantee(s) in the prescribed form as included in the Tender

Documents, from a Scheduled Bank in India acceptable to the OWNER,
provided the amount covered by such Bank Guarantee is hot less than
Rs.1,00,000 (Rupees One Lakh only). This Bank Guarantee shall be valid
upto a period of 3 (three) months beyond the end of the Defects
Liability period.

[Link] The CONTRACTOR will be permitted to furnish a Bank Guarantee for the full
Security Deposit of 10% (ten percent) of the Total Contract value, in advance,
in which case, no Initial Security Deposit will be required to be furnished and
no deductions shall be made from his running bills towards Retention Money,
except as may be required in terms of clauses 2. I .1.1 and [Link] hereof.

[Link] The CONTRACTOR may, at any time and from time to time, during the course of
or after completion of the work, with the permission of the OWNER, substitute
his cash security deposit, including retention money(ies) deducted from his bills
and lying with the OWNER, by Bank Guarantee(s) in the prescribed pro-forma
from a Scheduled Bank in India acceptable to the OWNER and withdraw the
equivalent cash amount(s), provided the amount covered by any such Bank
Guarantee is not less than Rs.1 lac (Rupees One lac only).

[Link] The Earnest Money deposited by the CONTRACTOR along with this
tender shall unless it has been adjusted in accordance with Clause [Link](c)
above, be refunded by the OWNER, after the Initial Security Deposit or the full
Security Deposit as the case may be has been deposited by the CONTRACTOR.

[Link] If at any time during the course of the work, the gross value of the work, as
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 GENERAL CONDITIONS OF CONTRACT
reflected by the Running Bills submitted by the CONTRACTOR has in (he
opinion of the OWNER (which shall be final and binding on the CONTRACTOR),
exceeded or is likely to exceed the Total Contract Value indicated in the
acceptance of Tender, the CONTRACTOR shall be bound to pay further Security
Deposit as will make up the total Security Deposit to 10%(ten percent) of the
then anticipated Contract Value failing which the OWNER shall be at liberty to
make such deductions towards Retention Money(ies) from the CONTRACTOR’s
Running Bills, and will, at all times. ensure that the Security Deposit does not
fall below 10% (ten percent) of the gross value of the work, as reflected by the
gross payments made to the CONTRACTOR, without taking into account any
deductions. If the shortfall in Security Deposit is discovered after completion of
the work, the shortfall shall be made good by the CONTRACTOR on demand
from the OWNER failing which, it will be recovered from any money(ies) due to
the CONTRACTOR from the owner under this contract and//or any other
contract with the OWNER.

[Link] If after completion of the worm, the Total Contract Value falls below the Total
Contract Value as indicated in the acceptance of tender, such that the total
Security Deposit (made up of initial Security Deposit and Retension Money(ies)
or otherwise in the hands of the OWNER is in excess of the Total Security
Deposit calculated at 10% (ten percent) of the reduced contract value, such
excess amount, as is in the form of cash in the hands of the OWNER, shall be
refunded to the CONTRACTOR along with the Final Bill. If the Security Deposit
furnished by the CONTRACTOR to the OWNER in the form of Bank Guarantees is
in excess of the full security deposit calculated on the contract value by over
Rs.1 lacs, the CONTRACTOR shall be permitted to replace the Bank
Guarantee(s) already submitted, by Bank Guarantee(s) to cover the reduced
value of Security Deposit.

[Link] The Security Deposit shall be held by the OWNER as security for the due
performance of the CONTRACTOR’s obligations under the Contract. PROVIDED
that nothing herein stated shall make it incumbent upon the OWNER to utilize
the Security Deposit in preference to any other remedy, which the OWNER may
have, nor shall be construed as confining the claims of the OWNER against the
CONTRACTOR to the quantum of the Security Deposit.

[Link] The Security deposit including the Earnest Money/ Retention money(ies), and
other withheld amounts from the Running Account Bill(s), if any, at any time
remaining in the hands of the OWNER, shall be free of any liability for payment
of any interest to the CONTRACTOR.

[Link] Upon determination of the contract prior to completion of work(s) for any
cause, the OWNER shall in so far as the Security Deposit constitutes cash refund
and in so far as the Security Deposit is in any other form,
release/discharge/return, as the case may be, to CONTRACTOR, the unutilised
balance of the Security Deposits, if any, for the time being remaining in the
hands of the OWNER after settlement of accounts and discharge of all amounts
due from the CONTRACTOR t tot the OWNER and fulfillment of all obligations of
the CONTRACTOR.

[Link] In cases Mibilisation Advance is paid to the CONTRACTOR under the provisions
of Clause [Link] hereof, it shall be permissible for the CONTRACTOR to furnish
a Composite Bank Guarantee to cover both Mobilisation Advance as well as
Retention Monies forming part of the Security Deposit, which shall be subject to
the following conditions.

a. The Composite Bank Guarantee will be for a value equivalent to the

advance or 10% (ten percent) of the Total Contract Value, whichever is
greater, and shall be kept valid upto 3 (three) months beyond the
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 GENERAL CONDITIONS OF CONTRACT
expiry of the Defect Liability Period.

b. In addition, Initial Security Deposit shall be payable as laid down in

Clause [Link] hereof;

c. Recoveries will be effected from each Running Account Bill at the rate
of 10% (ten percent) of the gross bill value, till the entire Mobilisation
Advance (together with interest accrued threon) is fully recovered.

d. Initially, the composite Bank Guarantee will be entirely reckoned

towards Mobilisation Advance and progressively, the portions of
Composite Bank Guarantee, vacated by the recoveries effected toward
Mobilisation Advance, shall be reckoned towards Security Deposit, such
that after the Mobilisation Advance stands fully recovered with interest
accrued thereon, the entire composite Bank Guarantee shall be
reckoned to cover the Security Deposit for the work. The Initial
Security Deposit furnished by the Contractor under(b) above shall be
refunded/ returned after recovery of Mobilisation Advance is effected
from the R. A. Bills upto an aggregate amount equivalent to the Initial
Security Deposit.

e. All the other stipulations hereof in respect of Security Deposit shall

apply.

[Link] The CONTRACTOR shall from time to time at the request of the OWNER suitably
extend the validity of any Bank Guarantee (whether furnished by way of initial
Security Deposit, Security Deposit or Composite Bank guarantee) or to secure
any advance for such period(s) as may from time to time be required by the
OWNER failing which, without prejudice to any other right or remedy available
to the OWNER, the OWNER shall be entitled to encash the Bank Guarantee.

[Link] PLANS, DRAWINGS, SPECIFICATIONS AND APPROVALS TO BE FURNISHED BY

THE OWNER.

[Link] Plan(s) and drawing(s) and other information forming part of the Tender
Documents shall constitute only a general guidance--to enable the
CONTRACTOR to visualize the work and/or supplies contemplated under the
Contract. These have been prepared and released in rood faith on the basis of
information available to time OWNER. Time OWNER assumes no responsibility as
to the correctness thereof, and the CONTRACTOR is expected prior to tendering
to have undertaken a complete and independent survey and to have made his-
own study of all factors relevant to the performance of the work or making the
supplies.

[Link] Detailed working plan(s), drawing(s), any specification(s) and approval(s)

required to be furnished by the OWNER for the actual execution of the work,
shall be furnished from time to time as and when required during the execution
of the work.

[Link] It shall be the exclusive responsibility of the CONTRACTOR to call upon the
Engineer-in-charge (in respect of approvals to be furnished by the OWNER) for
and to pursue and obtain from the Engineer-in-Charge any plan(s), drawings(s),
specification(s) or approval(s) required to be furnished to the [Link]
under the contract for the proper execution of the work or any particular item
or job therein or the ma-king of any supply, as the case may be, as and when
required, sufficiently in advance of the stage of delivery of the materials or of
the commencement or progress of the work for the performance or continuance
of which the same shall be required. Any failure by the CONTRACTOR to do so
shall be entirely at the risks and costs of time CONTRACTOR and shall not
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 GENERAL CONDITIONS OF CONTRACT
constitute a ground for time extension of time, unless the Engineer—in—Charge
shall fail to provide the CONTRACTOR plan(s), drawing(s).
Specification(s) or approval(s) or disapproval(s)as the case may be within 15
(fifteen) days of notice by the CONTRACTOR to the Engineer-in-charge
specifically stating the drawing(s), specification(s) or approval(s) which is/are
pending. the period for which it/they are pending, the reason(s) for which they
are pending and that the notice is being given pursuant to the provisions of this
clause on the clear understanding that if the plan(s) drawing(s),
specification(s) or approval(s) or disapproval(s), is/are not granted within 15
(fifteen) days, the CON’I’RACTOR will be making claim for deemed approval
pursuant hereto. If thereafter, said notice notwithstanding the approval or
disapproval, as the case may be is not granted within 15 (fifteen) days, the
relative approval(s) in Code 2 shall be deemed to have been granted, and the
relative approval shall at the request of the CONTRACTOR be certified thereon
by the General Manger, and the CONTRACTOR shall proceed with the work
accordingly without entitlement to any extension of time on this account.

[Link] The CONTRACTOR shall carefully, study the plans/drawings furnished to him, in
conjunction with all other connected plans/drawings and other Contract
documents and shall bring to the notice of the Engineer-in-Charge for
clarification/correction any ambiguity, error, discrepancy, contradiction or
omission therein prior to the execution of time related work (s) or undertaking
the related supply(ies) as the case may be, and the provisions of Clause [Link]
hereof shall mutatis mutandis apply to such clarification or correction.

[Link] Any work performed by the CONTRACTOR in absence of or contrary to such

clarification/ correction, shall be at the CONTRACTOR’s risks and
responsibilities and the provisions of Clauses [Link] and [Link] hereof and
associated clauses there under with respect to defective works shall apply
thereto.

[Link] Notwithstanding anything to the contrary in the Contract Documents expressed

or implied, and notwithstanding the absence of any ambiguity, error,
discrepancy, contradiction or omission in the plans / drawings as aforesaid, the
OWNER shall be entitled at any time before or during execution of the related
work(s) to amend / modify or alter any plan(s), drawing(s) or specifications
furnished to the CONTRACTOR by the OWNER and the CONTRACTOR shall
thereafter perform and / or continue to perform the related work(s) according
to the amended / modified I altered plans / drawings/ Specifications without
entitlement to any extra remuneration and should the CONTRACTOR execute
any relative work(s) at variance therewith (notwithstanding that the
CONTRACTOR shall have already been made any payment in respect thereof),
the provisions of Clause [Link] hereof and associated clauses there under
relating to defective works shall apply thereto, provided that:

(i) If any such amendment / notification/ alteration shall in the opinion of

the CONTRACTOR, necessitate an extension of time for completion,
the provisions of Clause [Link] hereof and clauses, related thereto
shall apply.

(ii) If such amendment or modification shall in the opinion of the Engineer-

in-Charge (whose opinion in this behalf shall be final and binding upon
the CONTRACTOR) necessitate the performance of any work not
covered by the Schedule of Rates or the lump sum price, as the case
may be, the remuneration for such work or portion or item thereof, as
the case may be, not covered by the Schedule of Rates or lump sum
price, as the case may be, shall be determined in accordance with the
provisions of Clause [Link] hereof.

[Link] Copies of all plans and drawings relating to work(s) shall be kept and
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 GENERAL CONDITIONS OF CONTRACT
maintained at the CONTRACTOR’s office at the site and shall be made available
to time Engineer-in-Charge and Site Engineer for inspection and reference at
any time during the execution of work.

[Link] All plans and drawings furnished by the OWNER to the CONTRACTOR shall be
and remain the property of the OWNER and shall be returned by the
CONTRACTOR to the OWNER on completion of the works or prior determination
of the contract.

[Link] PLANS, DESIGNS, DRAWINGS & SPECIFICATIONS TO BE FURNISHED BY THE

CONTRACTOR

[Link] Where the CONTRACTOR shall, within the scope of work, be required to
prepare or furnish any Plan(s), drawing(s), design(s) or specifications in respect
of the work or any particular work, the CONTRACTOR shall within 15 (fifteen)
days (or such other period as the OWNER may prescribe in his behalf) of receipt
of notification of Acceptance of Tender or within 15 (fifteen) days before the
proposed date of commencement of the relative work, whichever shall be
earlier, submit to the OWNER for approval the relative plan(s), drawing(s),
design(s) or specification(s). The OWNER shall be entitled at any time to
suggest any amendment(s) I modification(s) in the plans, designs, drawings or
specifications and the CONTRACTOR shall thereupon either convince the
OWNER of the un-necessity in whole or portion of such amendment I
modification or shall implement the same and shall cause the plans, drawings,
designs or specifications to be accordingly amended, provided that no such
approval of or amendments or modifications in the plans, drawings, designs or
specifications by or suggested by the OWNER shall anywise absolve the
CONTRACTOR of any of his obligations, responsibilities or liabilities under the
Contract inclusive of and relative to the utility’ and suitability of time
CONTRACTOR’s plans, drawings, designs or specifications for the relative
work(s) and the fulfillment of all specifications and performance guarantees of
the consequent works, any such approval is intended only to satisfy the OWNER
of the prima facie suitability of plan, drawing, design or specification and any
such suggestion by time OWNER as aforesaid or otherwise is intended only by
way of Suggestion to the CONTRACTOR to meet the contractual requirements,
without any attendant liability upon the OWNER.

[Link] The CONTRACTOR shall not permit any work to be done or any installation,
material or equipment to be supplied or fabricated or erected at variance
with plans, drawings, designs or specifications approved by the OWNER and /
or amended or modified as aforesaid.

[Link] Unless otherwise required, at least 3 (three) sets of all approved plans,
drawings, designs and specifications prepared by the CONTRACTOR, together
with similar set of all revisions, amendments, and modifications therein shall be
lodged with the OWNER for the record of the OWNER. Such sets of plans,
drawings, designs and specifications shall be signed by the CONTRACTOR and
shall indicate thereon the number and date of each revision, amendment
and/or modification of communication by the OWNER or any consultant
appointed by the OWNER for or relative to time approval thereof.

[Link] ALTERATIONS IN DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, ORDERS AND

INSTRUCTIONS

[Link] In addition to the provisions of Clause [Link] and associated clauses there
under, the Engineer-in-Charge and / or Site Engineer shall have the power by
written notice to the CONTRACTOR at any time prior to or in the course of the
execution of works or any part thereof to alter or amend the specifications,
orders and / or instructions or any of them by addition, omission, substitution

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 GENERAL CONDITIONS OF CONTRACT
or otherwise howsoever with or without altering or amending the plans,
drawings and I or designs and the CONTRACTOR shall carry out the related
work in accordance with such altered specifications, orders, instructions, plans,
drawings and I or designs as the case may be, on the same terms and conditions
in all respects, subject to the provisions of Clause [Link] hereof.

[Link] If such alteration or amendment shall, - in the Opinion of the CONTRACTOR,

necessitate an extension in the time for completion, the provision of Clause
[Link] hereof and related clauses with regard to the extension of time, shall
apply.

[Link](a) If such alteration or amendment shall, in the opinion of the Engineer-in-Charge

(whose opinion in this behalf shall be final and binding upon the CONTRACTOR),
necessitate the performance of any work not covered by the Schedule of Rates,
the remuneration for such work or portion or item thereof not covered by the
Schedule of Rates shall be determined in the following manner:

(i) If it is possible to derive the rate(s) for such work or items of work from
any of the items of material and I or work covered in the Schedule of
Rate(s), the rate(s) for time relative works I items shall be the rate(s)
arrived at on the basis of such derivation. The opinion of the-Engineer-
in-Charge as to whether or not the relative rates can be derived from
the rates for time items of material and / or work included in the
Schedule of Rates and the consequent derivation of’ rate(s) on basis
thereof shall be final and binding upon the CONTRACTOR.

(ii) If, in the opinion of the Engineer-in-charge, the relative rate(s) shall
not be derivable within the provisions of paragraph(i) hereof above, the
relative rate(s) shall be the rate(s) for the work or items of work
settled as follows:
An analysis of the rate for time completed work or items shall be
prepared by taking (if amid so far as applicable): -

A) Issue rate(s) for Materials supplied by the OWNER, if applicable;

B) Materials supplied by the CONTRACTOR amid incorporated in

time permanent works at the rate(s) (if any) for material
specified in the relevant Schedule forming part of the
Contract; and

C) Labour cost at rate(s) for labour, if any, specified in time

relevant Schedule forming part of the Contract.

(iii) The opinion of the Engineer-in-Charge as to the quantity of material

and / or labour involved shall be final and binding on the CONTRACTOR.

(iv) In the event of any item of material or labour involved not being
covered by the relevant schedule forming part of time Contract for
time purpose of determining the rates in terms of items (B) and / or (C)
of paragraph (ii) above, market rates shall be taken into account for
such items of materials and labour as are not covered by the relevant
schedules forming part of the contract and there shall be added thereto
15% (fifteen percent) to cover CONTR4CTOR’s supervision, overheads
and profits. For the purpose of clarification, it is stated that 15%
(fifteen percent) addition shall apply only for any item not covered by
the relevant schedule of the Contract.

(v) The opinion of the Engineer-in-Charge as to whether or not any -

particular item(s) of material(s) or labour involved is covered by the
relevant Schedule(s) and if not as to the market rate(s) thereof shall be
final and binding upon the CONTRACTOR.
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 GENERAL CONDITIONS OF CONTRACT

(b) If any alteration, amendment or modification shall, in the opinion of

the Engineer-in-charge (whose opinion in this behalf shall be final and
binding upon the CONTRACTOR) result in a reduction or increase or
change in. the work or supply covered by the lump sum Price so as to
render unreasonable the lump sum Price, the OWNER and the
CONTRACTOR shall negotiate a suitable increase or reduction, as the
case may be, in the lump sum Price, and failing agreement on a
negotiated rate for the item by appropriate reduction/increase, as the
case may be, the Engineer-in-Charge shall fix the reduction or increase
as he considers -reasonable in the circumstances to the lump sum Price,
and the lump sum Price shall be deemed to be accordingly amended to
the extent applicable to the work covered by the alteration or
amendment.

[Link] Pending finalization in respect of the revised rate of any item in the Price
Schedule or increase/reduction in the lump sum Price pursuant to the
provisions of clause [Link] hereof, the CONTRACTOR shall continue and be
bound to continue and perform the works and/or make the supply to
completion in all respects according to the contract (unless the contract or
works be determined by time OWNER) and the CONTRACTOR shall be liable and
bound in all respects under the contract.

[Link] The rate(s) for any work determined in accordance with time provisions of
Clause [Link] above shall for the purpose of the Contract with respect of the
work or items of work or supply affected by such amendment, alteration or
modification be deemed to be rate(s) for such work or item(s) of work within
the Schedule of Rates, or the lump sum Price, as the case may be.

[Link] The CONTRACTOR shall not be entitled to any compensation in

addition to the payment for the work actually performed by the CONTRACTOR
calculated on the basis of the Schedule of Rate(s) or lump sum Price or as
provided for in Clause [Link] hereof, as the case may be, as a result of any
amendment or variation in the specification, orders, instructions, plans, designs
or drawings notwithstanding that such alteration(s) I variation(s) may have
resulted in a reduction of time total quantum or value of the work involved
under the Contract, except as provided for in clause [Link] hereunder.

[Link] ALTERATION IN THE SCOPE OF WORK

[Link] The OWNER may, at any time(s) before or after the commencement of the
work, by notice in writing issued to the CONTRACTOR, alter the scope of work
by increasing or reducing the works or the jobs required to be done by the
CONTRACTOR or by adding thereto or omitting there from any specific works or
jobs or operations or by substituting any existing works or jobs or Operations
with other works or jobs and / or operations, or by requiring the CONTRACTOR
to perform any additional works in or about the job site, and upon receipt of
such notice, the CONTRACTOR shall execute the job(s) as required within the
altered scope of work.

[Link] If any alteration in the scope of work shall, in the opinion of the CONTRACTOR,
necessitate any extension in the time for completion, the provisions of Clause
[Link] hereof and associated clauses with regard to the extension of time shall
apply.

[Link] (a) If such alteration shall, in the opinion of the Engineer-in-Charge (whose
opinion in this behalf shall be final and binding upon the CONTRACTOR),
necessitate the performance of any work not covered by the Schedule of
Rates, the remuneration for such work or portion or item thereof not
covered by Schedule of Rates shall be determined in accordance with the

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 GENERAL CONDITIONS OF CONTRACT
provisions of Clause [Link] hereof.

(b) lf in the opinion of the Engineer-in-Charge (whose opinion in this behalf

shall be final and binding upon the CONTRACTOR) any alteration in the
scope of the work shall result in any reduction or increase or change in the
work or supply covered by the lump sum price so as to render unreasonable
the lump sum price, the lump sum Price shall be increased or reduced, as
the ease may be, in accordance with Clause [Link] hereof.

[Link] Providing determination of the rates aforesaid, the provisions of clause [Link]
shall mutatis mutandis apply.

[Link] The CONTRACTOR shall not be entitled to any compensation in addition to the
payment for the work actually performed by the CONTRACTOR calculated on
the basis of the Schedule of Rates or lump sum Price or as provided in Clause.
[Link] hereof; as the case may be, as a result of any alteration in the scope of
work notwithstanding that such alteration may have resulted in a reduction in
the total quantities or value of work involved, except as provided for in clause
[Link] hereunder.

[Link] QUANTITIES OF WORK

2.6. 1.0 Subject to the provisions of Clause [Link] hereof, the quantities of work stated
in the Form of Schedule of Rates do not form part of the Contract and the
OWNER shall not be liable for any increase or decrease in the actual quantities
of work performed (notwithstanding the percentage of such increase or
decrease), nor shall such increase or decrease in the actual quantities form the
basis of any alteration of rates quoted and accepted or in the lump sum pride
or for any claim for additional compensation, damages or loss or profits or
otherwise, with the intent that the CONTRACTOR shall notwithstanding the
quantities mentioned in the Form of Schedule of Rates only’ be entitled to
payment in respect of actual quantities of work performed in terms of the
contract and measured in the Final Measurements, notwithstanding the
percentage of increase or shortfall in such quantities and notwithstanding that
the total contract value for the completed works on finalization of all dues to
the CONTRACTOR under the contract shall be less than the total contract value
as specified for the purpose of Security Deposit in the Acceptance of Tender.

[Link] If as a consequence of such amendments/ variations/ alterations/

modifications/ reductions as envisaged in clauses [Link] and/or [Link] hereof
and associated sub clauses there under, or pursuant to Clause [Link] hereof,
the quantities of work and the gross value of work actually performed by the
CONTRACTOR as valued on finalization of all dues to the CONTRACTOR under
the contract, shall be less than 80% (eighty percent) of the Total contract
value then the CONTRACTOR shall be entitled to 10% (ten percent) of the
amount by which the reduced Contract value as aforesaid falls short of 80%
(eighty percent) of the total contract value by way of allowance for the
advantage (including profit) which the CONTRACTOR may have anticipated on
the execution of the work up to the total contract value. And the
CONTRACTOR shall not be entitled to any compensation in addition to the
payments specifically provided for above and the CONTRACTOR hereby
specifically waives any and all contrary rights and claims whatsoever.

[Link] CANCELLATION OF CONTRACT

[Link] The OWNER shall be entitled at any time at his discretion to cancel the
contract, if, in the opinion of the OWNER, the cessation of the work becomes
necessary owing to any cause whatsoever and a notice in writing front the
OWNER to the CONTRACTOR of such cancellation and the reason(s) therefore
shall be conclusive proof of such cancellation and the reasons therefore.

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 GENERAL CONDITIONS OF CONTRACT
[Link] Upon cancellation of the Contract, the Engineer-in-Charge many require the
CONTRACTOR:

i) To perform to completion or to any other intermediary stage of

completion to the satisfaction of the Engineer-in-charge and work(s)
already commenced by the CONTRACTOR and

ii. To take such steps as are considered necessary by the Engineer-in-

Charge for properly protecting and securing the works performed by the
CONTRACTOR, to the satisfaction of the Engineer-in-Charge:

And the CONTRACTOR shall act accordingly and the same shall be deemed to be
included within the CONTRACTOR’s scope of work.

[Link] Upon receipt of a notice as specified in Clause [Link] hereof the

CONTRACTOR shall, unless the notice otherwise requires:

(i) Immediately discontinue work and/or supply from the date and to the
extent specified in the notice;

(ii) Not place any further orders or sub-Contracts for materials, services or
facilities other than as may be necessary or required for completing or
performing such portion of the work (s) or supplies which the
CONTRACTOR is required to complete or perform;

(iii) Promptly make every reasonable effort to obtain cancellation or

fulfillment, as the case may be, at the option of the Engineer-in-
Charge/OWNER of all orders and SUB-CONTRACTORS to the extent they
relate to the performance of the work(s) or supplies cancelled.

(iv) Assist the Engineer-in-Charge/OWNER as specifically requested in

writing by the Engineer-in-Charge/OWNER in the maintenance,
protection and disposition of property/works acquired by the OWNER
pursuant to the Contract.

[Link] Upon cancellation of the Contract, the OWNER shall take over from the
CONTRACTOR the approved surplus materials supplied by the CONTRACTOR for
permanent incorporation in the work and lying at the job site on tile date of
receipt of notice of cancellation by the CONTRACTOR, and the decision of the
Site Engineer as to the approved materials lying at site on the date of
cancellation and the quantities thereof shall be final and binding upon the
CONTRACTOR.

[Link] Upon cancellation of the Contract, the CONTRACTOR agrees to waive any Claim
for damages. including loss of anticipated profits on account thereof, and as
the sole right and remedy of the CONTRACTOR against the OWNER resultant
upon such cancellation, the CONTRACTOR agrees to accept from the OWNER
the following, namely :

(i) The cost of settling and paying claims for cancellation or completion of
pending orders and/or sub contracts as provided for in sub-clause (iii)
of Clause [Link] hereof:

(ii) The cost of protecting, securing and/or maintaining the works pursuant
to the provisions of sub-clause (ii) of Clause [Link] hereof and/or sub-
clause (iv) of Clause [Link] hereof:

(iii) Payment for the supplies actually made determined in accordance with

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 GENERAL CONDITIONS OF CONTRACT
the provisions of Clause 2.4. 1.2 hereof.

(iv) Payment for the work actually performed by the CONTRACTOR

calculated on the basis of Unit Rates or lump sum rates whichever
applicable. Where Unit Rates or lump sum rates are not applicable
and/or the relative works are incomplete, the provisions of Clause
[Link] shall apply for calculating remuneration.

(v) The cost of materials taken over by the OWNER pursuant to the
provisions of clause [Link] hereof.

(vi) An allowance, if any due, as determined by the Engineer-in-Charge

(whose decision shall be final) to cover the cost of CONTRACTOR’s
actual mobilization and demobilization at job site for the work to the
extent uncovered by payments under items (i) to (iv) above.

And the CONTRACTOR shall not be entitled to any compensation in addition to

the payments specifically provided for above, and the CONTRACTOR hereby
specifically waives any and all contrary rights and claims whatsoever.

[Link] SUSPENSION OF WORK

[Link] The Engineer—in—Charge may at any time(s) at his discretion, should he

consider that the circumstances so warrant (the decision of the Engineer-in-
Charge as to existence of circumstances warranting such suspension shall be
final and binding upon the CONTRACTOR), by notice in writing to the
CONTRACTOR temporarily suspend the work or supply or any part thereof for
such period(s) as Engineer-in-Chief shall deem necessary and the CONTRACTOR
shall upon receipt of the order of suspension forthwith suspend the work(s) or
supply (ies) or such part thereof as shall have been suspended until he has
received a written order from the Engineer-in- Charge to proceed with the work
suspended or any part thereof.

[Link] During the period of any suspension under Clause [Link] the CONTRACTOR
shall at his own cost within the scope of the relative work properly protect and
secure the work and materials so far necessary in the opinion of the Engineer-
in-Charge.

[Link] If the suspension under Clause [Link] is for reasons of force majeure as
defined in Clause [Link] or by reason(s) of default or failure on the part of the
CONTRACTOR or is for the purpose of ensuring safety of the work(s) or any part
thereof or is necessary for the proper execution of the work(s) or is for
reason(s) of weather affecting the safety or quality oh the work(s) or materials
(the reasons for the suspension stated by the Engineer-in-Charge in any notice
of Suspension as aforesaid, inclusive as to existence of default or failure on the
part of the CONTRACTOR, if so stated in the notice, shall be final and binding
upon the CONTRACTOR), the CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by the CONTRACTOR by virtue
of any suspension as aforesaid notwithstanding that consequent upon such
suspension the machinery, equipment and/or labour of the CONTRACTOR or any
part thereof shall be or become or be rendered idle and notwithstanding that
the CONTRACTOR shall be liable to pay salary, wages or hire charges or bear
other charges and expenses thereof.

[Link] Unless the suspension is by reason of default or failure on the part of the
CONTRACTOR (and the reasons for the suspension stated by the Engineer-in-
Charge in any notice of suspension as aforesaid inclusive as to the existence of’
default or failure on the part of the CONTRACTOR if so stated in the notice
shall be final and binding upon the CONTRACTOR), if in the opinion of’ the
CONTRACTOR such suspension shall necessitate any extension in the time of
completion, the provisions of Clause [Link] hereof and related clauses in
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 GENERAL CONDITIONS OF CONTRACT
respect of extension of time shall apply.

[Link] In the event of a suspension affecting the entire works remaining in operation
in respect of the entire works for a period in excess of 4 (four) months from the
date of commencement of the suspension, the CONTRACTOR shall have the
option at any time before the issue of an order by the OWNER or the Engineer-
in-Charge removing the suspension, to terminate the Contract by giving written
notice thereof to the OWNER. Unless the suspension be by reason of default or
failure on the part of the CONTRACTOR, as specified in Clause [Link] hereof,
such termination shall be deemed to operate as a cancellation of Contract
within the provisions of Clause [Link] hereof and the provisions of Clause
[Link] to [Link] hereof shall mutatis mutandis apply thereto.

[Link] In the event of such termination being upon a suspension consequent to a

default or failure by the CONTRACTOR, the CONTRACTOR shall not be entitled
to any damage, compensation, loss of profit or other compensation whatsoever
in addition to payment for the completed supplies made and completed works
done in terms of the Contract in accordance with the provisions of sub-clauses
(iii), (iv) & (v) of clause [Link] hereof.

[Link] Notwithstanding anything provided in Clause [Link] and/or Clause [Link] and
related Clauses thereunder, upon a cancellation of the contract under the
provisions of Clause [Link] hereof or termination of the contract under
provisions of Clause [Link] hereof, the provisions of Clauses [Link] to [Link]
hereof consequent upon termination of Contract, shall apply. Should the
termination be one to which the provisions of Clause [Link] hereof apply, then
the provision of Clauses [Link], [Link], [Link], [Link] and [Link]
consequent upon termination of Contract shall also mutatis mutandis apply.

[Link] Except for a suspension by a written order of the Engineer-in-Charge under

clause [Link] hereof, the CONTRACTOR shall not suspend the work for any
cause and any such suspension if occur, shall be likely to be attended by
consequences under clause [Link] (i)(g) hereof.

***

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 GENERAL CONDITIONS OF CONTRACT
SECTION - 3

MATERIALS, LABOUR AND EQUIPMENT

[Link] CONTRACTOR’S RESPONSIBILITY

[Link] Notwithstanding anything to the contrary in the Contract Documents express or

implied, the CONTRACTOR shall be and remain at all times exclusively
responsible to provide all material, labour, equipment, machinery, facilities,
utilities and consumables and temporary works and other items and things
whatsoever required for or in connection with the work, including, but not
limited to those indicated by expression or implication in the Job Description,
Schedule of Rates, the Specification, Plans, Drawings, and/or other Contract
Documents or howsoever otherwise as shall or may from time to time and at
any time be necessary for or in connection with the work, either for
incorporation in or within the permanent works or in or relative to the
execution and performance of the work.

[Link] MATERIALS SUPPLIED BY THE CONTRACTOR

3.1.1 .0 Materials supplied by the CONTRACTOR shall conform to the specifications and
shall be suitable for the purpose for which they are required.

[Link] Unless otherwise specified by the OWNER, all materials supplied by the
CONTRACTOR shall bear the ISI stamp and shall be supplied by reputed
manufacturers or suppliers approved by the OWNER or listed for the relative
materials with the DGS&D and/or borne on the approved list of suppliers
maintained for relative items by such organizations as are approved by the
Engineer-in-Charge. If in respect of any materials, including but not limited to
sand, stone, aggregate, bricks, earth, lime; steel and cement neither ISI
marking/approval nor any approved list of suppliers is available, such materials
shall be obtained from sources/suppliers/manufacturers approved by the
Engineer-in-Charge provided that no approval by the Engineer-in-Charge or any
other representative of the OWNER for the supply of ISI stamped materials or of
materials supplied by DGS&D listed suppliers or other approved suppliers shall
relieve the CONTRACTOR of his full responsibility in respect of the suitability
and quality of the material or any defects therein or in any works or
construction in or relative to which the same has been utilized.

3. 1.3.0 Notwithstanding that any area(s) or source(s) has/have been allotted or

suggested by the OWNER to the CONTRACTOR from which any materials for
incorporation in tile works can be obtained, the CONTRACTOR shall
independently satisfy himself of the suitability, accessibility and sufficiency of
the source(s) of supply suggested or allocated by the OWNER and suitability of
materials available from such source(s), with the intent that any allotment or
suggestion as aforesaid shall not anywise relieve the CONTRACTOR of his full
liability in respect of the suitability and quality of material(s) there from and
incorporate the same within the permanent works entirely at his own risks and
costs in all respects, with the intent that any such allocation or suggestion by
the OWNER shall only be by way of assistance to the CONTRACTOR and shall not
entail any legal or financial responsibility or liability upon the OWNER.

[Link] Notwithstanding any other provisions in the Contract Documents for

analysis or tests of materials and in addition thereto, the CONTRACTOR, shall,
if so required for reasonable cause by the Engineer-in-Charge or Site Engineer
in writing, at his own risks and costs, analyze, test, prove and weigh all
materials (including materials incorporated in the work(s) required to be
analyzed, tested, proved and/ or weighed by the Engineer-in-Charge or Site
Engineer and shall have such analysis test conducted by the agency(ies), if any,
specified by the Engineer-in-Charge or Site Engineer. The CONTRACTOR shall

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 GENERAL CONDITIONS OF CONTRACT
provide all equipment, labour, materials and other things whatsoever required
for testing, preparation of the samples, measurement of work and/or proof or
weighment of the materials as directed by the Engineer-in-Charge or Site
Engineer.

[Link] The OWNER does not warrant or undertake the provision of any material(s) and
the CONTRACTOR shall not imply by conduct, expression or assurance or by any
other means any promise or obligation on the part of the OWNER in this respect
understood by the CONTRACTOR, unless made by specific written instrument
forming part of the CONTRACT or appropriately entitled as an amendment to
the Contract.

[Link] MATERIAL AND EQUIPMENT SUPPLIED BY THE OWNER:

[Link] In the case of contracts (including for equipment erection and/or piping), for
which the OWNER undertakes the procurement and supply of equipment and
materials, the supply of equipment and materials to the CONTRACTOR shall be
on the following terms and conditions:

(a) Deliveries shall be either from the storage of the OWNER or from the
factory/storage of supplier or from nearest suitable railhead or other point(s)
of collection as may be determined by the OWNER taking into account the
source(s) of supply of the material.

(b) It shall be the responsibility of the CONTRACTOR at his own risks and costs to
take delivery of the materials from the stores, factory, railhead or other
collection point, as the case may be, and to arrange for its loading,
transportation to job site and unloading at the job site or other place of
storage. The CONTRACTOR shall in taking delivery ensure compliance of any
conditions for delivery applicable to deliveries from Owner’s or supplier’s
factory/stores or railways or other transporters concerned, and shall be
exclusively responsible to pay and bear any demurrage or penalty or other
charges payable by virtue of any failure or delay by the CONTRACTOR in lifting
the supplies and/or any failure by the CONTRACTOR to observe the conditions
of supply as aforesaid, and shall keep the OWNER indemnified from and against
all consequences thereof.

(c) The CONTRACTOR shall inspect the equipment and materials supplied to him at
the time of taking delivery thereof and satisfy himself of the quality, quantity
and condition thereof prior to taking delivery and the OWNER shall not be liable
for any claims or complaints whatsoever in respect of quality, quantity or
conditions of the equipment or materials once the CONTRACTOR has taken
delivery thereof.

(d) The CONTRACTOR shall on receiving and opening the packing cases or other
packaging of equipment and material on behalf of the OWNER, verify’ and tally
the actual contents with the packing list and bring any discrepancies to the
notice of the Engineer-in-charge and the Site Engineer. The CONTRACTOR shall
also sort out and segregate and hand over to the OWNER’s stores, the
Instruction Manuals, Operation and Maintenance Manuals, Special Maintenance
Tools, Erection Spares, Commissioning Spares, and Maintenance Spares and
other extras, if received with the main equipment. The Erection Spares may be
got issued from the OWNER’s stores if required, after getting authorisation from
the Engineer-in-charge. The Commissioning Spares may be got issued from the
OWNER’s Stores, if commissioning is included in the CONTRACTOR’s scope.

(e) The equipment and/or material(s) supplied or procured by the OWNER shall be
utilized by the CONTRACTOR only for incorporation in the permanent works and
even so shall not (unless specifically authorized by the OWNER in this behalf) be
utilised for manufacturing any item(s) which can be obtained in finished form
from standard manufactures.

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 GENERAL CONDITIONS OF CONTRACT

(f) The CONTRACTOR shall furnish to the Engineer-in-Charge sufficiently in

advance a detailed statement showing his requirement of the types and
quantities of equipment and materials agreed to be supplied by the OWNER,
indication of the time when relative types and quantities thereof shall be
required by him for the works so as to enable the OWNER 10 verify the
quantities of materials specified by the CONTRACTOR and to enable the OWNER
to make arrangements for the supply thereof

(g) The OWNER shall not be responsible for any delay in the supply of any
equipment and/or materials supplied or procured or agreed to be supplied or
procured by the OWNER, and no such delay or failure shall anyway render the
OWNER liable for any claim for damages or compensation by the CONTRACTOR
notwithstanding that an increase in the time of performance of the contract be
involved by virtue of such delay and notwithstanding any labour, machinery or
equipment brought upon to the job site by the CONTRACTOR for time
performance of the work being rendered idle by such delay or failure,
PROVIDED that if such delay shall in the opinion of the CONTRACTOR,
necessitate an extension of time for completion, the provisions of Clause
[Link] hereof relating to extension of time and associated provisions thereof
shall apply.

h) The CONTRACTOR shall maintain a day to day account of all equipment and
materials supplied to him by the OWNER indicating the daily receipt(s),
consumption and balance(s) in hand of each material and category thereof.
Such account shall be maintained in such form (if any) as shall be prescribed by
the Engineer-in-Charge and shall be supported by all documents necessary to
verify the correctness of the entries in the account. Such account shall be
maintained at the CONTRACTOR’s office at the site, and shall be open for
inspection and verification (by verification of documents in support of the entry
as also by physical verification of the stocks) at all times by the Engineer-in-
charge and Site Engineer without notice, and for the purpose the Engineer-in-
Charge and Site Engineer shall be permitted arid enabled without obstruction to
enter into any godown or other l)lace or premises where the equipment or
materials or any part thereof shall be stored and to inspect the same and to
take by himself and/or through his representative(s) an inventory thereof

i) All equipment and materials supplied by the OWNER shall be taken delivery of,
held, stored and utilised by the CONTRACTOR as trustee of the OWNER, and
delivery of material to the CONTRACTOR shall constitute an entrustment
thereof by the OWNER to the CONTRACTOR, with the intent that any
utilization, application or disposal thereof by the CONTRACTOR otherwise than
for permanent incorporation in contractual works in terms hereof shall
constitute a breach of trust by the CONTRACTOR.
j) The CONTRACTOR shall hold and store any equipment or material(s) supplied by
the OWNER only at such place and/or premises as may be approved by the
Engineer-in-Charge, provided that no such approval shall absolve the
CONTRACTOR in whole or part of his full liabilities in respect of such material,
and the CONTRACTOR shall be and remain responsible at all times at his own
risk and cost to ensure that the material(s) supplied by the OWNER is/are
retained at all times in premises that are air and water tight and otherwise
suitable for the storage of the concerned equipments or materials so as to
prevent damage or deterioration for any cause whatsoever or theft or other
loss, and shall arrange such watch and ward therefore as shall be necessary to
ensure the safety thereof.

k) The Engineer-in-Charge may at his discretion require that all premises in which
any equipment or materials supplied by the O\VNER are stored, shall be double-
locked with the keys to one lock retained by the Site Engineer or his

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 GENERAL CONDITIONS OF CONTRACT
representative and the other with the CONTRACTOR with the intent that all
issues of OWNER supplied equipment and materials shall be with concurrence of
the Site Engineer or his representative, as the case may be, provided that any
such double-locking and/or concurrence as aforesaid shall be an additional
precaution and shall not anywise absolve the CONTRACTOR of his full liabilities
or responsibilities in respect of such equipment or materials.

l) The equipment supplied by the OWNER shall be insured by the OWNER against
normal risks during transit, storage arid erection. The CONTRACTOR shall,
however, be responsible forthwith to make and pursue on behalf of the OWNER
any and all claims under the policy (ies) to fulfill all formalities required to
obtain payment thereunder and/or to assist the OWNER in making or pursuing
any such claim(s) and/or in obtaining payment thereunder.

m) The CONTRACTOR shall be required to take out at his own cost and initiative
and keep in force at all times during the pendency of the contractual work,
policy(ies) of insurance against the risks of fire, lightning and theft and against
any Other damage or loss, for the full value of the OWNER supplied materials
lying in the CONTRACTOR’s custody and/or storage pending utilisation/
incorporation in the work and during incorporation in the work. The insurance
shall be kept valid till the completion of the work and till the materials are duly
accounted for to the satisfaction of the OWNER.

n) Such insurance policy(ies) shall be in the joint names of OWNER and the
CONTRACTOR with exclusive right in the OWNER to receive all money(ies) due
in respect of such policy(ies) and with right in the OWNER (but without
obligation to do so) to take out and/or pay the premia for any such policy(ies)
and deduct the premia and any other costs and expenses. in this behalf from
the money(ies) for the time being due to the CONTRACTOR.

o) Notwithstanding anything stated above, it shall be the responsibility of the

CONTRACTOR to lodge with insurers and follow up claim(s), if any, under any
policy(ies) of insurance aforesaid, and nothing herein provided shall absolve the
CONTRACTOR from his full liabilities under the provisions of this clause and
associated provisions hereof

p) Where the OWNER issued materials are being stored within the battery area
under the security and sate-pass control of the OWNER and are covered by the
Overall Storage-cum insurance Policy taken by the OWNER for the works, the
OWNER may, at his sole discretion, permit the CONTRACTOR to furnish an
Indemnity Bond in the pro-forma prescribed by the OWNER, for the entire value
of the. OWNER supplied materials and for the entire duration during which the
materials shall be lying in the storage and custody of the CONTRACTOR.

q) No such Insurance(s), as aforesaid, shall anywise absolve the

CONTRACTOR from his fill liabilities hereunder, with the intent that the same
shall be held merely by way of additional security and not by way of
substitution of liability. The CONTRACTOR shall at all times be exclusively
responsible for any and all loss(es), damage(s), deterioration, misuse, theft or
other application or disposal of the equipment or material(s), supplied by the
OWNER or any of them contrary to the provisions hereof and shall keep the
OWNER indemnified from and against the same amid shall forthwith at his own
cost and expense replace any such equipment and material(s) lost, damaged,
deteriorated., misused, stolen, applied and/or disposed as aforesaid, with
other equipment or material of equivalent quality and quantity to the extent
that the same is not covered by any insurance as above, and if covered,
payment under the relative policy(ies) is for any reason not available to the
OWNER.

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 GENERAL CONDITIONS OF CONTRACT

r) The CONTRACTOR shall use the equipment and materials supplied by

the OWNER for incorporation in the Permanent works, carefully and judiciously
with no wastage or the minimum possible wastage. wherever some wastage is
inevitable or unavoidable, in any case within the wastage limit, if any,
specified by the OWNER in respect of any such materials. For any excess
wastage or scrap, due to misuse or injudicious, careless or wrong use of OWNER
supplied materials, or in case of loss, damage or deterioration of the materials
during storage with the CONTRACTOR, as to all of which the decision of the
Engineer-in-charge shall be final and binding on the CONTRACTOR, the
CONTRACTOR shall be bound to replace the material of equivalent quantity and
grade, acceptable to the OWNER within the time limit specified by the OWNER,
and where this is not possible, practicable or advisable, in the opinion of the
OWNER, which shall be final and binding on the CONTRACTOR, the OWNER shall
be compensated by the CONTRACTOR for the loss caused, for the replacement
costs, which shall be worked out by the OWNER based on the assessed landed
cost plus the costs of procurement at 15% (fifteen percent) of the assessed
landed costs for the OWNER. This amount shall forthwith be remitted by the
CONTRACTOR within a week of demand made by the OWNER, failing which the
OWNER shall be entitled to recover / adjust the amount demanded from any
money(ies) due from ‘the OWNER to the CONTRACTOR and/or from any Security
or any other deposits of the CONTRACTOR lying with the OWNER, under this
and/or any other contract, without any further notice to the CONTRACTOR. The
decisions of the OWNER in respect of the actions contemplated in this clause
shall be final and binding on the CONTRACTOR.

s) Notwithstanding anything herein provided and notwithstanding the transfer of

all risks in respect of such equipment and materials to the CONTRACTOR, the
Ownership in respect of all OWNER supplied equipment and materials shall at
all times be and remain in the OWNER.

t) The excess equipment and material and the scrap material generated from the
work, in so far as the OWNER supplied materials are concerned, shall be
returned to the OWNER’s Stores. Omi completion of the work, the
CONTRACTOR shall duly render accounts for the materials amid equipment
issued by the OWNER, to the satisfaction of the OWNER. Any shortages, losses
and/or damages shall be to the CONTRACTOR’s account and all the conditions
stipulated under sub-clause (r) above shall apply in this case also.

[Link] POWER, WATER & OTHER FACILITIES

[Link] The CONTRACTOR shall be responsible the to provide within the scope Of work
all facilities, consumables and utilities necessary for performance of the work
including (but not limited to) water, power, transportation, labour, tools,
construction and testing equipment, machinery and land at or about the job
site(s) for the CONTRACTOR’s field offices, godowns, workshop; residential
accommodation for CONTRACTOR’s staff; quarry rights and borrow areas,
access roads and right(s) of way to or about the job site(s) and CONTRACTOR’s
offices, godowns, workshop accommodation, quarries and I or borrow areas.

[Link] The OWNER does not warranty or undertake the provision of any facility,
consumable or utility whatsoever to the CONTRACTOR, or assistance in
obtaining / procuring the same or other assistance whatever for or in the
performance or testing of the work and the CONTRACTOR shall not imply by
conduct, expression or assurance or by any other means, any promise or
obligation on the part of the OWNER contrary, to the provisions hereof and any
such promise or obligation understood by the CONTRACTOR shall not be binding
upon the OWNER.
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 GENERAL CONDITIONS OF CONTRACT

[Link] Any assistance which the OWNER renders to the CONTRACTOR in terms hereof
or otherwise relative to the work by provision of any facility, utility,
consumables. water, power, transportation, labour, tools, construction and / or
testing equipment, and machinery, provision of land for quarries or borrow
areas or for CONTRACTOR’s office, godowns, workshops or accommodations or
provisions of right of way, access road(s) and / or railway siding facilities, or
other facility, utility, or consumables for or in the performance of the work
shall not for any cause afford a basis or defence to the CONTRACTOR for the
performance of any of’ his obligations under the Contract, nor a ground for
extension of time for completion or other claim whatsoever.

[Link] POW’ER SUPPLY :

[Link] Without prejudice to the provisions of Clause [Link] hereof and following
clauses there under, as and when adequate power supply becomes available for
the site, the OWNER may at its discretion provide supply of power to the
CONTRACTOR for the work from the nearest sub-station, from which source the
CONTRACTOR shall at his own cost and initiative make arrangement for
temporary distribution of power to CONTRACTOR’s work(s) at the site.

[Link] All arrangements for the distribution of power from sources aforesaid and the
work relative thereto shall be made /performed/ installed in conformity with
Indian Electricity Regulations, and shall be subject to prior approval of the Site
Engineer.

[Link] The CONTRACTOR shall, at his own costs and initiative on completion or prior
determination of the work or otherwise during execution of the work, if
required by the Site Engineer because of hindrance caused thereby or for any
other cause, forthwith remove or re-route the distribution lines/installations or
other work(s) in respect thereof as the case may be, required to be removed /
re-routed.

[Link] The OWNER shall recover from the CONTRACTOR for power consumed by the
CONTRACTOR from OWNER’s source(s) of supply at the rate prescribed by the
OWNER in this behalf from time to time. The amount due to the OWNER in
respect of such power supplied shall without prejudice to any other mode of
recovery to the OWNER, be deductible from the Running Account I Final Bill(s)
of the CONTRACTOR and / or any monies due to the CONTRACTOR under this or
any other Contract from time to time.

[Link] The CONTRACTOR shall provide at his own cost suitable electric meters
approved by the Site Engineer for measurement of Power units consumed by
the CONTRACTOR for determination of the payment due thereon to the OWNER.
Such meters shall be under the control and custody of the OWNER.

[Link] In the event of. failure or defect of meter(s), power charges shall be calculated
on the consumption determined by the Engineer-in-Charge (whose decision shah
be final both as regards the existence of a defect or ‘failure, and as regard the
power consumed).

[Link] The OWNER may at any time without notice or specifying any cause suspend or
discontinue power supply to the CONTRACTOR, and such suspension or
discontinuance shall not entitle the CONTRACTOR to any compensation or
damages nor shall constitute a basis for extension of time for completion.

[Link] Power supplied by the OWNER to the CONTRACTOR shall be entirely at the risk
of CONTRACTOR as to the continuity and regularity of supply, maintenance of
voltage and adequacy of load without any warranty by or liability to the OWNER
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 GENERAL CONDITIONS OF CONTRACT
in respect thereof and without entitlement to the CONTRACTOR on grounds of
discontinuance, fluctuation of voltage or inadequacy of load or any other cause
whatsoever to claim from OWNER in respect thereof or consequences thereof.

[Link] WATER SUPPLY :

[Link] Without prejudice to the provisions of Clause [Link] hereof and time following
clauses there under, in the event of the OWNER having adequate source of
water supply at the site available for distribution, the OWNER may at its
discretion provide water to the CONTRACTOR for the work from the OWNER’s
source of supply upon the CONTRACTOR at his own cost and initiative providing
suitable pumping installations and pipe network for the conduct of water to and
distribution to the CONTRACTOR’s place of work.

[Link] Such installation, pipes and other equipment shall be laid out / installed by the
CONTRACTOR only with the prior approval of the Site Engineer so as not to
interfere with the layout and progress of the other construction work at the site
and access to or about the job site.

[Link] The CONTRACTOR shall forthwith on completion of the work or earlier

determination of the contract or during the execution of the work(s), if so
required by the Site Engineer, on ground of hindrance or obstruction caused
thereby or other causes whatsoever at his own cost and initiative remove or re-
route, as the case may be, any installations, pipes and / or other equipment or
any part or portion thereof installed or erected by the CONTRACTOR for the
conduction and / or distribution of water, and fill any trenches, ditches or
other excavations made by the CONTRACTOR for the purpose thereof and
restore the site to the same condition in which it was prior to the installation.

[Link] The OWNER shall recover from the CONTRACTOR for water consumed by the
CONTRACTOR from OWNER’s source of supply at the rate prescribed by the
OWNER in this behalf from time to time. The amount due to the OWNER in
respect thereof shall (without prejudice to any other mode of recovery
available to other OWNER) be deductible from the Running Account / Final Bill
of the CONTRACTOR and / or payments due to the CONTRACTOR from time to
time under this or any other contract.

[Link] The CONTRACTOR shall provide at his own cost and initiative suitable water
meters approved by the Site Engineer for measurement of water units
consumed by the CONTRACTOR for determination of the payment due in this
behalf to the OWNER. Such meters shall be under the custody and control of
the OWNER.

[Link] In the event of failure or defect of meters, water charges shall be calculated on
the consumption determined by the Engineer-in-Charge (whose decision shall
be final both as regards the existence of a defect or failure and as regards the
water consumed).

[Link] The OWNER may without notice specifying any cause suspend or discontinue
water supply to the CONTRACTOR and such suspension or discontinuation shall
not entitle the CONTRACTOR any compensation or damages or constitute a
basis for extension of time for completion or other claim whatsoever.

[Link] Water supplied by the OWNER to the CONTRACTOR shall be entirely at the risk
of the CONTRACTOR as to the continuity and regularity of supply and
maintenance and adequacy of pressure without any warrant by or liability to
the OWNER in respect thereof and without entitlement to the CONTRACTOR on
grounds of discontinuance, irregularity, drop or rise in pressure or other cause
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 GENERAL CONDITIONS OF CONTRACT
whatsoever to claim from OWNER in respect thereof or the consequences
thereof.

[Link] LAND :

3.6. 1.0 Without prejudice to the provision of Clause [Link] hereof and following
clauses there under, the OWNER may at his discretion and convenience, if it has
sufficient available land at its disposal, provide land to the CONTRACTOR near
or about the job site, for the construction of the CONTRACTOR’s field office(s),
godowns. Workshops, assembly yard and residential accommodation required
for or in connection with the execution of the work(s). Such land shall be
utilised by the CON-TRACTOR only for the purpose of the contract and for the
duration of the contract.

[Link] The CONTRACTOR shall at his own cost and initiative construct temporary
buildings or other accommodation necessary for the purpose and make suitable
arrangements for water and power supply thereto and for provisions of
sanitary, drainage and dewatering arrangements thereof in accordance with
plans / designs / layouts previously approved by the Site Engineer in this
behalf.

[Link] Any land provided by the OWNER to the CONTRACTOR within the provisions
hereof shall be strictly on a license basis, and shall not create any right, title or
interest whatsoever in the CONTRACTOR herein or in respect thereof.

[Link] The CONTRACTOR shall pay the license fee @ Rs.20/- (Rupees Twenty only) per
100 (One hundred) square meters or part thereof, per month or part thereof,
for any land made available to the CONTRACTOR within the provisions hereof,
and the OWNER shall be entitled (without prejudice to any other mode of
recovery), to recover license fee from the Running / Final Bill(s) of the
CONTRACTOR and / or any other payments due to the CONTRACTOR from time
to time under this or any other contract.

3 6.5.0 Notwithstanding anything herein provided, the OWNER reserves the right at any
time during the pendency of the work to ask the CONTRACTOR to vacate the
land or any part thereof on giving 7(seven) days written notice to the
CONTRACTOR in this behalf

[Link] Forthwith on or before the expiry of such notice or within two weeks of the
completion of the works or the earlier determination of the Contract, the
CONTRACTOR shall remove all constructions, works, piping and other
installations, whatsoever, not forming part of the contractual works put up or
erected by the CONTRACTOR upon the land, and shall have the land cleared,
leveled and dressed to the satisfaction of the Engineer-in-Charge.

[Link] The CONTRACTOR shall not be entitled upon any vacation or notice within the
provisions of Clause [Link] hereof to claim any resultant compensation or
damage from the OWNER, nor shall such notice or vacation constitute a ground
or basis for any extension of time for completion.

[Link] Likewise, the OWNER may at its discretion and convenience upon such terms
and conditions as the OWNER may prescribe in this behalf, arrange or allocate
or provide to the CONTRACTOR, borrow area(s) or quarry or mining rights and /
or-any right(s) of way or other access to or about the job site and unless
specifically excluded, the provisions of Clause [Link] hereof above, shall apply
in respect of any borrow area, quarry, mining right and / or right of way or
other access allocated, arranged, provided or permitted by the OWNER to the
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 GENERAL CONDITIONS OF CONTRACT
CONTRACTOR.

[Link] The OWNER shall be entitled, at any time without notice to the CONTRACTOR,
to suspend or withdraw use by the CONTRACTOR of any such area, right or
access as aforesaid and no suspension or withdrawal of such facility, or
disruption or inadequacy thereof by virtue of flood, disrepair or other cause
whatsoever, shall form the basis of any claim by the CONTRACTOR, for
compensation or damages or ground for extension of time for completion upon
such notice or within two weeks of the completion of the works or the earlier
determination of the Contract the provisions of Clause [Link] hereof shall
mutatis mutandis apply.

[Link] Notwithstanding anything herein provided, tire provisions of Clause [Link] to

[Link] hereof and related clauses applicable consequent upon termination of
contract shall apply to any breach by the CONTRACTOR of his obligations within
the provisions of Clause [Link], [Link], [Link] and [Link] hereof as to a
breach of Clause [Link] hereof.

[Link] ACCESS TO SITE

[Link] The CONTRACTOR shall construct, if necessary at his own cost and initiative,
temporary access road to the site from the main public feeder road(s) and from
borrow areas and mines and quarries, and shall so align such roads or ways so
as not to interfere with the construction of the site or hamper construction of
pavement roads by or on behalf of the OWNER or other CONTRACTORS
operating at or about the job site.

[Link] The CONTRACTOR shall, if so required or relative to the performance of any

other work at the site or construction of permanent roads, suspend, discontinue
use of and / or re-route any access road constructed by him. No suspension,
discontinuance or re-routing as aforesaid shall form the basis of any claims by
the CONTRACTOR against the OWNER for compensation of damages or ground
for extension of time for completion or other claim whatsoever.

[Link] LABOUR, MACHINERY & EQUIPMENT

[Link] If, during the execution of the works, the OWNER shall for any cause find it
necessary to do so, the OWNER may, at its discretion and convenience provide
labour, machinery and / or equipment to the CONTRACTOR for the performance
of the work and / or testing of the works. The terms and conditions for
provisions and / or hiring of such labour, equipment, machinery shall, in
addition to any other condition relative thereto as may be specified by the
OWNER, unless expressly excluded, be deemed to include the following:

(i) Charges: The labour, equipment and / or machinery shall be supplied at the
rate(s) in this behalf prescribed by the OWNER-from time to time.

(ii) Recoveries: The amount(s) recoverable by the OWNER from the CONTRACTOR in
respect of labour, equipment and / or machinery procured or supplied by the
OWNER shall (without prejudice to any other mode of recovery) be debited to
the CONTRACTOR’s account and deducted from the -Running Account I Final
Bill(s) of the CONTRACTOR and / or any monies from time to time becoming
due to the CONTRACTOR.

(iii) Any labour, equipment and / or machinery supplied or procured by the OWNER
shall be utilized by the CONTRACTOR only for use in the contractual work.

(iv) The CONTRACTOR shall be responsible to ensure utilization of the equipment

and / or machinery only within the capacity of such equipment and / or
machinery, to ensure the proper utilization thereof in all respects without any
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 GENERAL CONDITIONS OF CONTRACT
manner of abuse or excess, and shall follow and obey all instructions or
directions as shall or may be given by the Site Engineer in respect thereof, and
if so required by the Site Engineer, shall provide at cost (to be determined by
the Engineer-in-Charge in the event of dispute) labour for the operation,
maintenance and repair of the equipment / machinery and / or shall operate,
maintain and/or repair the same at his own costs and expenses, and provide all
the inputs necessary for the operation, repair and maintenance thereof,
including spare p.2rts, fuel and lubricants. The CONTRACTOR shall keep the
OWNER indemnified from and against all losses, damages and / or costs,
charges and expenses resultant from any breach or failure to observe the
provisions hereof.

(v) The CONTRACTOR shall ensure the safe-keeping and custody of the equipment
and machinery at the site and shall be exclusively responsible and accountable
for any loss, damage, theft or misuse thereof (and shall make proper
arrangement for the storage and watch and ward thereof) and shall keep the
OWNER indemnified from and against the same.

(vi) The CONTRACTOR shall ensure return of the equipment / machinery to the
OWNER upon the Completion of the works or earlier determination of the
Contract or as and when called upon by the OWNER to return the same during
the execution of the work in the same condition in which the equipment /
machinery was at the time of bringing the same to job site or delivery to the
CONTRACTOR, as the case may be.

(vii) The provisions of Clause [Link] hereof shall mutatis mutandis apply to
equipment and machinery supplied by the OWNER to the CONTRACTOR.

[Link] GOVERNMENT CONTROLLED MATERIALS

[Link] In respect of all Government controlled or other scarce/imported materials in

respect of which licenses, release orders, permits or authorisation have been
granted in the name of the OWNER, the CONTRACTOR shall be deemed to be
acting on behalf of the OWNER and as agent of OWNER in respect of deliveries
taken by the CONTRACTOR against any licenses, release orders, permits, or
authorisation issued in the name of OWNER for Government controlled
materials. The ownership in such materials shall (without prejudice to the
responsibility/liability of the CONTRACTOR in respect thereof as set out in the
various conditions hereof) vest in the OWNER from the point of time when it
would have ordinarily vested in the OWNER on a direct delivery to the OWNER.

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 GENERAL CONDITIONS OF CONTRACT
SECTION -4

PERFORMANCE OF WORK

[Link] GENERAL.

[Link] All works shall be performed and executed by the CONTRACTOR in strict
conformity with the Job Description, Specifications, Plans, Drawings. Designs
and other Contract Documents applicable to the specific work(s) and any
relative orders or instructions as may be issued to the CONTRACTOR by the
Engineer-in-Charge or Site Engineer from time to time.

[Link] The Engineer-in-Charge and .Site Engineer shall be entitled from time to time
or at any time at their discretion in order to procure the proper performance of
the work and/or the proper compliance with the specifications or other
contractual requirements to issue written orders or instructions to the
CONTRACTOR relative to the performance and / or execution of the work(s) by
the CONTRACTOR or otherwise relative to any matter touching or affecting the
Contractor arising there from, and to revise or revoke any orders or instructions
previously issued, and the CONTRACTOR shall, subject to provisions of the
following clause, obey and/or abide thereby.

[Link] Without prejudice to the provisions of Clause [Link] hereof and associated
clauses thereto, should the CONTRACTOR require any clarification in respect of
any orders or instructions issued by the Engine2r-In-Charge or Site Engineer, or
should there appear to the CONTRACTOR to be any contradiction between any
orders or instructions issued by the Engineer-in-Charge or Site Engineer and / or
between any order(s), instruction(s) and the Contract Document or any of
them, the CONTRACTOR shall refer the matter immediately in writing to the
Engineer-in-Charge for his decision before proceeding further with the work,
and the decision of the Engineer-in-Charge on any such matter shall be final
and binding upon the CONTRACTOR, who shall perform the work accordingly
without entitlement to any claim against or compensation from the OWNER
resultant upon such order, instruction or decision.

40.3.0 The CONTRACTOR shall, within 10 (ten) days of receipt of notification of

Acceptance of Tender, name at each job site at which the CONTRACTOR shall
be awarded any work under the Contract, an engineer responsible for the work
at the job Site 00 behalf of the CONTRACTOR. The said Engineer of
CONTRACTOR shall be the representative of the CONTRACTOR at the job site
for and relative to all actions and transactions and dealings on behalf of the
CONTRACTOR and to whom labour, materials, equipment and / or machinery
procured or supplied by the OWNER may be given and to whom all Plans,
Designs, Drawings, Orders and Instructions or other documents or
communications for or relative to the job site may be given, with the intent
that all transactions and dealings had with the said engineer shall be deemed to
have been had with the CONTRACTOR, and any and all Plans, Drawings,
Designs, Orders, Instructions, Documents or Communications and / or labour,
material, equipment or machinery delivered to said engineer shall be deemed
to have been delivered to the CONTRACTOR.

[Link] The Engineer(s) / supervisors appointed by the. CONTRACTOR or his Sub-

Contractors / other agencies, for the work shall be duly and adequately
qualified with relevant experience to handle the work of the contract to the
satisfaction of the Engineer-in-charge. For this purpose, the CONTRACTOR shall
furnish the bio-data of the Engineer(s) / supervisors proposed to be appointed
by him for the work to the Engineer-in-charge for his approval. The
CONTRACTOR shall be bound to appoint only such technical personnel as are
approved by the Engineer-in-Charge for handling the work from time to time.

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 GENERAL CONDITIONS OF CONTRACT
[Link] The CONTRACTOR shall provide and maintain, at or about each job site, an
office for the working accommodation of the CONTRACTOR’s engineer(s) and
staff. Such office shall remain open and attended at all hours during which
work is being performed at the job site, for the receipt of orders, instructions,
notices, and other communications.

[Link] The CONTRACTOR shall co-operate with and afford the OWNER / Engineer-in-
Charge and other CONTRACTORS engaged at the site, access to the work and
supply at cost determined by the Engineer-in-Charge (whose decision shall be
final) of power and water for the performance of the work entrusted to them
and I or for the carriage and storage of materials by them and whenever any
work is contingent or dependent upon the performance of any work by the
CONTRACTOR or is being done in association, collaboration or in proximity with
any other CONTRACTORS, the CONTRACTOR shall co-operate with the OWNER
or other CONTRACTOR(S) / agency(ies) involved in such work to ensure the
harmonious working between the CONTRACTOR and the OWNER: /
CONTRACTOR(S), agency(ies) involved, and shall comply with any instructions
issued by the Engineer-in-Charge for the purpose.

[Link] The OWNER / Engineer-in-Charge shall be entitled at its/his discretion, to

appoint one or more Site Engineers and / or other personnel at or about each
job site on behalf of the OWNER to do such acts, deeds, matters and things as
may be necessary to safeguard the OWNER’s interest including (but not limited
to, at the discretion of the OWNER), supervision and testing of the work(s)
being conducted by the’ CONTRACTOR at the job site and rendering such
assistance to the CONTRACTOR relative thereto as the OWNER or such
engineer(s) or personnel shall or may deem fit, it being understood, however,
that the presence of any engineer(s) or personnel of the OWNER at or about
each job site or any supervision, inspection or test performed or conducted by
any such engineer(s) and / or personnel of the OWNER in respect of any work(s)
or any other assistance rendered by such engineer(s) and / or personnel to the
CONTRACTOR relative thereto, shall be without any attendant obligation or
liability of the OWNER vis-a-vis the CONTRACTOR, nor shall relieve the
CONTRACTOR of his full responsibility in respect of the work(s) under the
Contract or bind the OWNER or accept as satisfactory or complete and / or in
accordance with the Contract any work(s) performed by the CONTRACTOR
which has / have been supervised, inspected, tested or assisted by the said
engineer(s) and/ or personnel of OWNER.

[Link] If the CONTRACTOR’S work or any part thereof shall be consequent or resultant
upon any works performed by any other person or shall be in continuance
thereof or otherwise based or founded thereon, the CONTRACTOR shall before
commencing with its/his work, bring to the notice of the Engineer-in-charge
and the Site Engineer, in writing, any defects existing in said prior works,
failing which the CONTRACTOR shall be deemed to have accepted as complete
and proper the said prior works and to have waived any and all rights to
complaint of or in respect of any defect(s) as may exist therein.

[Link] THE JOB SITE

[Link] The Engineer-in-Charge shall famish the CONTRACTOR with only four corners of
the job site and a level bench mark, and the CONTRACTOR shall at his own cost
and initiative set out the work to the satisfaction of the Site Engineer, but shall
be solely responsible for the accuracy of such setting up notwithstanding the
satisfaction as aforesaid of the Site Engineer or any other assistance rendered
by the Site Engineer for the purpose.

4.1 .2.0 The CONTRACTOR shall provide, fix and be responsible for the maintenance of
all stakes, templates, contour and level marks, profiles and the like and shall
take all precautions necessary to prevent their removal or disturbance, and
shall be responsible for the consequence of such removal or disturbance and for

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 GENERAL CONDITIONS OF CONTRACT
their efficient and timely reinstatement. The CONTRACTOR shall also be
responsible for the maintenance of all survey marks, boundary marks, distance
marks, and center line marks, whether existing or supplied I fixed by the
CONTRACTOR.

[Link] Before commencing the work, the CONTRACTOR shall at his own cost and
initiative, provide all necessary reference and level posts, pegs, bamboos,
flags, ranging rods, strings and other materials for proper layout of the work in
accordance with scheme for benchmarks acceptable to the Site Engineer. The
center, longitudinal or face line and cross line shall be marked by means of
small masonry pillars. Each pillar shall have a distinct mark at the center to
enable a theodolite to be set over it. No work shah be started until all these
points are approved by the Site Engineer but, such approval shall not relieve
the CONTRACTOR of any. of his responsibilities in respect of adequacy or
accuracy thereof. The CONTRACTOR shall also provide all labour, material and
other facilities necessary for the proper checking of layout and inspection of
the points during construction.

4.1 .4.0 Pillars bearing geodetic marks located at the sites of works under construction
should be protected and fenced by the CONTRACTOR.

[Link] On completion of works, the CONTRACTOR must submit to the Engineer-in-

Charge the geodetic documents according to which the work was carried out.

[Link] The CONTRACTOR shall be exclusively responsible for provision and

maintenance of horizontal and vertical alignments and levels and for the
correctness of every part of the work in accordance therewith and shall at his
own cost rectify any errors or imperfectness therein.

[Link] CONDITIONS OF-WORK

[Link] Work shall be carried on for a minimum of 48 (forty-eight) hours a week and 8
(eight) hours on any working day. If necessary, the CONTRACTOR shall work
overtime or in two or more shifts in a day except as herein specifically
provided to the contrary, the CONTRACTOR shall not be entitled to any extra
compensation or remuneration for overtime or double or triple shift working,
nor shall the OWNER anywise be responsible for any idle time payments to
CONTRACTOR’s staff or for labour, equipment or machinery, howsoever
occasioned; and the CONTRACTOR waives any and all contrary rights and
claims.

[Link] Should it be necessary to work on Sunday and / or holiday, the CONTRACTOR

shall so work without extra compensation, after obtaining prior approval from
the Site Engineer or the Engineer-in-charge.

[Link] The execution of the work(s) shall entail working in all seasons including the
monsoons. In so far as necessary, the CONTRACTOR shall maintain at each job
site at all times such material, labour, pumps, equipment and machinery as
may be required for the performance of the work during the monsoon or other
rains and shall plan well in advance for the collection of material and
equipment and the erection of such tarpaulins, sheds, wind breakers and / or
other protection as shall or may be necessary for the work during the monsoon
or-other rains so that the rains or monsoon shall not hamper working.

[Link] The CONTRACTOR shall also arrange and bring to each job site such special
equipment and machinery as may be necessary to enable work during the
monsoon, and shall, at his own cost and initiative, arrange at all times for
dewatering the job sites so as to keep the construction site and areas to be
worked upon, free of water.

[Link] The CONTRACTOR shall not be entitled to any extra compensation or

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 GENERAL CONDITIONS OF CONTRACT
remuneration for or relative to any work to be done in any season including
during the monsoon. or for or relative to any special arrangements to be made
and / or equipment or machinery to be brought to the job site(s) to. enable
such working.

[Link] TIME FOR COMPLETION

[Link] The CONTRACTOR shall complete in all respects in accordance with the
Contract, the entire work at each job Site within the time specified in this
behalf in the Time Schedule.

[Link] If the OWNER so requires, the Progress Schedule in the form of PERT chart,
giving the latest dates of starting and the latest dates of finishing of various
operations comprising time work as also the activities in the critical path and
the latest dates for achievement of specific milestones in respect of the work
so as to complete in all respects the works (including testing and consequential
operations) within the time provided in the Time Schedule. This Progress
Schedule should also indicate the interlinking of the various activities and bring
to light the specific/critical items on which the inputs from the OWNER I
Engineer-in-Charge /Consultant or other agencies, if any, would be required, to
ensure adherence to the schedule.

[Link] If the CONTRACTOR shall fail to submit to the OWNER/ Engineer-in-Charge a

Progress Schedule as envisaged above or if the O\VNER/Engineer-in-charge and
CONTRACTOR fail to agree upon the Progress Schedule as envisaged above then
the Engineer-in-Charge shall prepare the Progress Schedule (the dates of
progress as fixed by the Engineer-in-Charge being final and binding upon the
CONTRACTOR except as herein otherwise expressly provided), and shall issue
the Progress Schedule so prepared to the CONTRACTOR which shall then be the
Approved Progress Schedule and all the provisions of Clause [Link] shall apply
relative thereto.

[Link] Any reference in the Contract Documents to the “Approved Progress Schedule”
or to the “Progress Schedule” shall mean the “Approved Progress Schedule”
specified in Clause [Link] above or the Progress Schedule” prepared and issued
by the Engineer-in-Charge as specified in Clause [Link] above. whichever shall
be in existence. In the absence of such approved Progress Schedule or such
Progress Schedule prepared by the Engineer-in-charge, the Progress Schedule
first prepared by the CONTRACTOR (with time incorporation of the OWNER’s
Engineer-in-Charge comments thereon. if and) shall until such approved
Progress Schedule or such Progress Schedule prepared by the Engineer-in-
charge comes into existence be deemed to be the Progress Schedule for the
purpose of the Contract.

[Link] Within 7 (seven) days of the occurrence of any act, event or omission which, in
the opinion of the CONTRACTOR is likely to lead to delay in the commencement
or completion or any particular work(s) or operation(s) or time entire work at
any lob site(s) and is such as would entitle the CONTRACTOR to an extension of
the time specified in this behalf in the Progress Schedule(s), the CONTRACTOR
shall inform the Site Engineer and the Engineer-in-Charge in writing of the
occurrence of the act, event or omission and the date of commencement such
occurrence. Thereafter if even upon the cessation of such act or event or the
fulfillment of the omission, the CONTRACTOR is of opinion that an extension of
time specified in the Progress Schedule relative to particular operation(s) or
item(s) or work or the entire work at the job site(s) is necessary the
CONTRACTOR shall within 7 (seven) days after the Cessation or fulfillment as
aforesaid make a written request to the Engineer in-charge for extension of the
relative time specified in the Progress l Schedule and the Engineer-in-charge
may at any time prior to completion of the work extend the relative time of
completion in the progress schedule for such period(s) as he considers
necessary, if he is of opinion that such act, event or omission constitutes a
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 GENERAL CONDITIONS OF CONTRACT
ground for extension of time, in terms of the Contract and that such act,
event or omission has in fact resulted in insurmountable delay to the
CONTRACTOR.

[Link] The application for extension of time made by the CONTRACTOR to THE
Engineer-in-Charge should contain full details of –

a) The notice under Clause [Link] with a copy each of the notice sent to the
Engineer-in-Charge and, Site Engineer,

b) The activity for the Progress schedule affected,

c) The bottleneck(s) or obstruction(s) perceived/experienced and the

reason(s) therefor.

d) Extension required/necessitated on account of (c) above

e) Extension required / necessitated on account of reasons attributable to the

OWNER,

f) Extension required/ necessitated on account of force majeure reasons, and

g) The total extension of time (if any) required/ necessitated for completion,
taking the above into-account and after eliminating all overlaps.

[Link] The opinion./ decision of the Engineer-in-Charge in this behalf and as to the
extension of time necessary shall subject to the provisions of clause [Link]
hereof, be final and binding upon the CONTRACTOR.

[Link] Notwithstanding the provisions of clause [Link] hereof, time OWNER may at
any time at time request of the CONTRACTOR made by way of appeal either
against the decision of the Engineer-in-Charge taken under clause [Link] or
against the Engineer-in-Charge’s refusal to take a decision under the said
clause, if satisfied of the work or any item or operation thereof for such
period(s) as time OWNER may consider necessary, and the decision of time
OWNER as to the existence or otherwise of any grounds justifying the extension
and as to the period(s) of extension necessary shall be final and binding upon
the CONTRACTOR.

[Link] Subject as elsewhere herein or in the contract documents expressly provided,

only the existence of force majeure circumstances as defined in clause [Link]
hereof shall afford the CONTRACTOR a ground for extension of time for
completion of the work or army part of the work or any operation(s) involved
therein, and specifically without prejudice to the generality of the foregoing,
inclement weather, strike, shutdown, third party breach, delay in supply of
material(s) or commercial hardship shall not afford the CONTRACTOR a ground
for extension of time or relieve the CONTRACTOR of his/its full obligations
under the Contract, nor will any forced shutdown or idleness or other
impediment in progress or completion of time work due to any reason
whatsoever afford the CONTRACTOR a ground for extension of time or relieve
the CONTRACTOR of his/its full obligations under the Contract except and to
the extent otherwise elsewhere herein specifically provided, nor shall any shut
down or idle time charges be payable by the OWNER to the CONTRACTOR for
delay in the commencement, progress or completion of time work due to any
reason whatsoever, including due to the existence of force majeure
circumstances.

[Link] The .term “FORCE MAJFURE” as employed in this contract shall mean wars
(declared or undeclared) or revolutions, civil wars, tidal waves, flies, major
floods, earthquakes, epidemics, quarantine restrictions and freight embargoes

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 GENERAL CONDITIONS OF CONTRACT
and transporters strikes affecting the country as a whole.

[Link] Upon an extension of time for completion of time work or any part of the work
or any operation(s) involved therein pursuant to Clause [Link] or Clause
[Link] hereof, the extended date/time of completion shall be deemed to be
the relative date of completion in the Progress schedule and such extension
shall constitute the sole remedy of time CONTRACTOR for and/or arising out of
such delays, and the CONTRACTOR hereby waives any and all contrary rights.

[Link] The mere fact that the OWNER shall not have terminated the contract or that
the ONWER or Engineer-in-charge has permitted the CONTRACTOR, for the time
being, to continue with the work for its completion shall not prejudice the full
rights and remedies available to the OWNER under the contract arising out of
the delayed completion, including the right of Price discount, damages and/or
termination. Such per permission(s) shall unless specifically stated to be an
extension of time under Clause [Link] or Clause [Link], as the case may be,
not be construed as extension(s) of time under Clause [Link] or [Link] hereof,
and shall merely constitute an indication or intimation, as the case may be, of
the OWNER’s willingness, for the time being, to accept the delayed completion,
subject to its rights under the Contract.

[Link] No assurance. Representation, promise or other statement by any personnel,

engineer or representative of the OWNER in relation to extension of time for
commencement or completion of any work(s) or operation thereof or of the
entire works under the Contract shall be binding upon the OWNER or shall
constitute an extension of time for commencement of completion of the entire
work(s) or any part of operation thereof within the provisions of Clause [Link]
or Clause [Link] hereof, unless the same has been communicated to the
CONTRACTOR in writing by the Engineer-in-charge under Clause [Link] or by
the General Manager under Clause [Link] and the writing specifically states
that it embodies an extension of time within the provisions of Clause [Link] or
Clause [Link] as the case may be, and without prejudice to the aforegoing,
the mere agreement or prescription or signing of a Progress Schedule by the
Site Engineer or any site representative of the OWNER at variance with the
Progress Schedule, as the case may be, referred to in Clauses [Link], [Link]
and/or [Link] hereof or containing an extended time of commencement or
completion in respect of the entire work(s) or any part or operation thereof
shall not anywise constitute an extension on time in the terms of the Contract-
so as to bind the OWNER or relieve the CONTRACTOR of all or any of his
liabilities under the Contract, nor shall constitute a promise on behalf of the
OWNER or a waiver by the OWNER of any of its rights in terms of the Contract
relative to the performance of the Contract within time specified or otherwise,
but shall be deemed only (at the most) as a guidance to the CONTRACTOR for
better organizing his work on a recognition that the CONTRACTOR has failed to
organise his work and/or perform the same within the time specified in the
Progress Schedule established within the provisions of Clause [Link] or Clause
[Link] or Clause [Link] hereof, as the ease may be.

[Link] PRICE ADJUSTMENT FOR DELAY IN COMPLETION

[Link] The contractual price payable shall be subject to adjustment by way of discount
hereinafter specified, if the Unit(s) are mechanically completed or the
contractual works are finally completed, subsequent to the date of Mechanical
Completion/final completion specified in the Progress Schedule.

[Link] If Mechanical Completion of the Unit(s)/final completion of the works is not

achieved by the last date of Mechanical Completion of the Unit(s)/final
completion of the works specified in the Progress Schedule (hereinafter
referred to as the “starting date for discount calculation”), the OWNER shall be
entitled to adjustment by way of discount in time price of the works and

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 GENERAL CONDITIONS OF CONTRACT
services in a sum equivalent to the percent of the total contract value as
specified below namely:

(i) For Mechanical Completion of time Unit(s)/final completion of time

works achieved within (one) week of the starting date for discount
calculation - ½ % of the total contract value.
(ii) For Mechanical Completion of the unit(s)/ final completion of the works
achieved within 2 (two) weeks of the starting date for discount
calculation - 1 % of the total contract value.

(iii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 3 (three) weeks of time starting date for discount
calculation –1 ½% of the total contract value.

(iv) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 4 (four) weeks of time starting date for discount
calculation -2 % of the total contract value.

(v) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 5 (five) weeks of the starting date for discount
calculation - 2½ % of the total contract value. -

(vi) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 6 -(six) weeks of time starting date for discount
calculation -3 % of the total contract value.

(vii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 7 (seven) weeks of time starting date for discount
calculation 3½ % of the total contract value.

(viii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 8 (eight) weeks of the starting date for discount
calculation -4% of the total contract value.

(ix) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 9 (Nine) weeks of the starting date for discount
calculation – 4½ %of the total contract value.

(x) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 10 (ten) weeks of the starting date for discount
calculation 5 % of the total contract value.

(xi) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 11 (eleven) weeks of the starting date for discount
calculation - 5½ % of the total contract value.

(xii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 12 (twelve) weeks of the starting date for discount
calculation - 6 % of the total contract value.

(xiii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 13 (thirteen) weeks of the starting date for discount
calculation 6½ % of the total contract value.

(xiv) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 14 (fourteen) weeks of the starting date for discount
calculation - 7 % of the total contract value.

(xv) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 15 (fifteen) weeks of the starting date for discount
calculation - 7 ½ % of the total contract value.

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 GENERAL CONDITIONS OF CONTRACT
(xvi) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 16 (sixteen) weeks of the starting date for discount
calculation - 8 % of the total contract value.

(xvii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within in 17 (seventeen) weeks of the starting date for
discount calculation - 8½ % of the total contract value.

(xviii) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 18 (eighteen) weeks of the starting date for discount
calculation - 9 % of the total contract value.

(xix) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 19 (nineteen) weeks of the starting date for discount
calculation - 9 ½% of the total contract value.

(xx) For Mechanical Completion of the Unit(s)/ final completion of the works
achieved within 20 (twenty) weeks of the starting date for discount
calculation - 10% of time total contract value.

(xxi) The reduction in the contract price hereunder by way of price discount
shall in no event exceed 10% (ten percent) of the total contract value.

[Link] Time starting date for discount calculation shall be subject to variation upon
extension of time date for Mechanical Completion of the Unit(s)/final
completion of the works with a view that upon any such extension there shall
be an equivalent extension in the starting date for discount calculation under
Clause [Link] t hereof.

[Link] It is specifically acknowledged that the provisions of Clause [Link] constitute

purely a provision for price adjustment and/or fixation and are not be
understood or construed as a provision for liquidated damages or penalty under
Section 74 of the Indian Contract Act or otherwise.

[Link] Application of price adjustment under Clause [Link] above shall be without
prejudice to any other right of the OWNER, including the right of termination
under Clause [Link] and associated clauses thereunder.

[Link] Nothing in Clause [Link] above shall prevent the OWNER from exercising its
right of termination of Contract under Clause [Link] hereof and associated
clauses thereunder, and OWNER shall be entitled, in the event of exercising its
said right of termination after the last date for Mechanical Completion of the
Unit(s) and/or final completion of the works as stipulated in the relative
Progress Schedule without prejudice to any other right or remedy available to
the OWNER, to discount as aforesaid in the contractual price of services in
addition to any amount as may be due consequent to a termination under
Clause [Link] hereof and associated clauses there under.

[Link] SCHEDULE OF ACTIVITIES

[Link] The provisions of this Clause [Link] and associated Clauses thereunder shall
apply only to a contract in which the Schedule of Rates specifies a lump sum
price payable for the whole or any part of the Work(s) or activities covered by
the Contract. If only part(s) of the work(s) or activities under the Contract are
the subject of a lumpsum price, then the provisions of this clause shall apply
only to such part:

4.5:1.1 The CONTRACTOR shall within 30 (thirty) days from the date of issue of the
Letter of Acceptance, furnish to the OWNER a detailed schedule of Activities

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 GENERAL CONDITIONS OF CONTRACT
specifying in detail the various activities which the CONTRACTOR would be
required to perform and the milestones with respect to each which the
CONTRACTOR would have to achieve in order to set up and establish the Unit.

[Link] Each activity entered in the schedule of Activities and each milestone therein
shall be priced so as to break-up so far as possible, the lumpsum price of
services into various priced milestones of achievements and priced activities
required to achieve those milestones. The Schedule of Activities and the said
priced break-up of activities therein are intended only to provide a basis for the
purpose of calculating on account payments for services and for the calculating
payments due to the CONTRACTOR under Clause [Link] hereof upon
cancellation of Contract, and for no other purpose.

[Link] The O\VNER shall review or cause to be reviewed the prima facie adequacy,
sufficiency, validity and/or suitability of the activities listed in the Schedule of
Activities for the works they are intended, and of the prices indicated in the
Schedule of Activities in respect thereof. Such review shall be performed in
connection with the design, engineering, specification and other technical
reviews to be done by the OWNER and all provisions applicable thereto shall be
applicable to the review of the Schedule of Activities.

[Link] No such review shall in any manner absolve the CONTRACTOR of his full
responsibility under the contract to perform within the lump-sum price of
services specified in the Price-Schedule, all services and to perform and
undertake the work(s) required to set up and establish the Unit in accordance
with the Contract and the specifications complete in all respects, whether or
not any particular work or activity required is included within the schedule of
activities and whether or not the price thereof is included in the price
indicated in the Schedule of Activities and whether or not the price thereof is
in conformity with the price thereof indicated in the Schedule of Activities. The
review and approval of the Schedule of Activities and the prices therein are
intended only for the satisfaction of the OWNER that the priced Schedule of
Activities prima facie covers the activities required to be performed by the
CONTRACTOR within time scope of services.

[Link] The Schedule of Activities shall be subject to amendment in both items and
prices in so far as necessary consequent upon any amendment in any relevant
related technical particulars, and upon any amendment, the amended Schedule
of Activities as approved by the OWNER shall thereafter constitute the Schedule
of Activities as envisaged in time Contract Documents.

[Link] REPORTS AND RECORDS

[Link] The CONTRACTOR shall, from time to time, maintain at each job site (in
addition to any records or registers required to be maintained by the
CONTRACTOR under any law, rule or regulation having the force of law) such
records and registers as the Engineer-in-Charge or Site Engineer shall or may
require the CONTRACTOR to keep and / or maintain from time to time.

[Link] In addition to any other records or registers required to be maintained by the

CONTRACTOR from time to time and / or to the reports required to be
furnished by the CONTRACTOR, the CONTRACTOR shall daily or otherwise as
may be prescribed by Engineer-in-Charge or Site Engineer, submit to the Site
Engineer a Progress Report of all work done and / or progress achieved by the
CONTRACTOR at each job site within the preceding day or the period of last
report, as the case may be.

[Link] The receipt and /or acceptance of any such report by the Site Engineer shall be
without prejudice to the full rights and remedies of OWNER and obligations /
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 GENERAL CONDITIONS OF CONTRACT
liabilities of the CONTRACTOR under the Contract, and shall not anywise
operate as an estoppels against the OWNER by reason of the fact that no notice
or objection was taken of or to any information contained in any such report;
nor shall any statement in any such report be deemed to be correct merely by
virtue of the existence of such statement, and its being uncontroversial by any
officer of the OWNER.

[Link] The CONTRACTOR shall also maintain at each job site a Site Order / Site
Instructions Book, in which the day-to-day instructions of the Site engineer /
Engineer-in-charge /‘other Inspecting Officers of the OWNER shall be recorded.
Each such Order / Instruction shall be duly acknowledged and compliance with
time same shall also be recorded in the appropriate columns of time Site Order
/ Site Instructions Book. This book shall be kept available for inspection by the
Officers of the OWNER. Time Site Order / Site Instruction Book shall be lodged
with the Engineer-in-charge on completion of the Work or sooner determination
of the contract for any cause.

[Link] EXECUTION OF THE WORK

[Link] The CONTRACTOR shall provide sufficient labour, staff (qualified and
unqualified), machinery, tools and equipment, material, consumables, utilities
and things whatsoever necessary for time proper performance of the work and
to ensure time rate of progress as envisaged in the Progress Schedule.

[Link] All the skilled persons employed by the CONTRACTOR (directly or through his
sub-contractors and/or other agencies) on the work shall be duly and
adequately skilled in their respective trades, to the satisfaction of the
Engineer-in-charge. Any person employed on the work found to be inadequately
skilled or otherwise incompetent, may be directed by the Engineer-in-charge to
be removed from the site and replaced by adequately skilled amid competent
persons and the CONTRACTOR shall forthwith comply with such directions of
the Engineer- in-charge.

[Link] If, in the opinion of the Engineer-in-charge or Site Engineer (the opinion of
either of whom in this behalf shall be final), the work(s), operation(s) at any
job site as a whole is/are not meeting the progress necessary to achieve the
relative date of commencement or completion in the Progress Schedule, the
Engineer-in-charge or Site Engineer may instruct the CONTRACTOR to
employ/provide additional labour, staff, machinery, tools, equipment or
immaterial or timings necessary to achieve the required progress and
CONTRACTOR shall forthwith comply with instruction(s).

[Link] Should the CONTRACTOR fail to comply with such instruction(s) or fail to
comply therewith to the satisfaction of the Engineer-in-charge (whose opinion
in this behalf shall be final and binding upon the CONTRACTOR) the Engineer-in-
charge may, at his discretion, at the risk and cost of the CONTRACTOR,
appoint. Procure or provide the additional labour, staff machinery, equipment,
tools and materials as the Engineer-in-charge (whose decision in this behalf
shall be final and binding upon the CONTRACTOR), considers necessary to
achieve the necessary progress in relation to any particular work or operation
or the work as a whole. In so doing, Engineer-in-charge/Site Engineer shall be
deemed to be acting for and on behalf of and as agent of the CONTRACTOR and
all such appointments, procurement and/or provision shall be deemed to have
been made by the CONTRACTOR and paid for by the CONTRACTOR. In addition
to the other amounts payable to OWNER in respect of any labour, staff,
machinery, equipment and/or material, as aforesaid procured or provided by
the OWNER, the OWNER shall be entitled in this event to recover from the
CONTRACTOR 15% (fifteen per cent) as supervision charges on the total
expenditure incurred by the OWNER under this clause, on behalf of the
CONTRACTOR.

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 GENERAL CONDITIONS OF CONTRACT
[Link] Without prejudice to the OWNER’s rights under Clause [Link] and in addition
or as an alternative thereto, should the Engineer-in-charge at any stage
(notwithstanding that the time for completion of the relative work or item of
work as specified in the Progress Schedule has not expired) be of opinion (the
opinion of the Engineer-in-charge in this behalf being final) that the
performance of any work or item or work by the CONTRACTOR is unsatisfactory
(whether in the rate of progress, the manner, quality or workmanship of the
performance, or in the adherence to specifications, or in the omission, neglect
or failure to do perform, complete or finish any work or item, or for any other
cause whatsoever), the Engineer-in-charge shall be entitled (without prejudice
to any other rights of the OWNER and/or obligations of the CONTRACTOR under
the Contract) at his discretion and the risk and cost of the CONTRACTOR
appoint one or more sub-contractors for the satisfactory performance thereof
or any part thereof, or may undertake the performance thereof or any part
thereof departmentally, and the provisions of Clause [Link] hereof shall
mutatis mutandis apply to any action taken by the Engineer-in-charge pursuant
to this clause in the same manner as applicable to an action taken under the
said clause.

43.5.0 If the amount incurred by the OWNER /Engineer-in-charge, on account of

carrying out works tinder clause [Link] and [Link] above, is in excess of the
amount due to the CONTRACTOR the OWNER shall be entitled to recover the
same, at the OWNER’s discretion from any amount due to the CONTRACTOR
from the OWNER under this or under any other contract, and any Security
Deposit(s) or Bank Guarantee(s) of the CONTRACTOR.

[Link] Any action taken by the Engineer-in-Charge or Site Engineer under Clauses
[Link] and / or [Link] shall be without prejudice to the full rights of the
OWNER and full liability of the CONTRACTOR under the Contract, including but
not limited to the OWNER’s full rights under Clause [Link] and associated
clauses thereunder, and under Clauses [Link] and [Link] hereof.

[Link] SUB CONTRACTS

[Link].1 The CONTRACTOR shall not assign, sub-contract or sublet the whole or any part
of the work in any manner, provided the CONTRACTOR may with the prior
written approval of the Engineer-in-Charge, sub-contract any particular work or
part of the work to a Sub- Contractor approved by the Engineer-in-charge.

[Link] Notwithstanding approval of’ time sub-contract as aforesaid and

notwithstanding that the OWNER /Engineer-in-Charge shall have received a
copy of the Contract between the CONTRACTOR and Sub-Contractor, the
CONTRACTOR shall be and shall remain exclusively responsible to the OWNER
for the due and proper performance of the Contract, and the Sub-Contractor
shall for all purposes vis-à-vis the OWNER be deemed to be the servant / agent
of CONTRACTOR employed for the performance of the particular work with full
responsibility on CONTRACTOR for all acts, omissions and defaults of the sub-
contractor.

[Link] Subject as hereinabove in this behalf specifically permitted and provided, the
CONTRACTOR shall not sub-contract any work under the Contract and any sub-
contract in breach hereof shall be deemed to be an unauthorised sub-
contracting of the Contract or part or portion thereof sub-contracted, as the
case may be.

[Link] If any sub-contractor engaged upon the work at the site executes any work
which in the opinion of the Engineer-in-Charge is not of the requisite standard
(the opinion of the Engineer-in-Charge being final in this behalf), then without
prejudice to any other right or remedy available to the OWNER, the Engineer-
in-charge may, by written notice to the CONTRACTOR, require the
CONTRACTOR to terminate such sub-contract, and the CONTRACTOR shall upon
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 GENERAL CONDITIONS OF CONTRACT
receipt of such notice, forthwith terminate such sub-contract at the risk and
cost of the CONTRACTOR, and shall keep the OWNER indemnified from and
against the consequences.

[Link] Notwithstanding such sub-contract being approved by Engineer-in-Charge as

herein envisaged, the CONTRACTOR shall at the commencement of every month
furnish Engineer-in-Charge with a list of all sub-contractors engaged and
working at the site during the previous month, with particulars of the general
nature of the works performed by them.
[Link] MISCONDUCT

[Link] If and whenever any of CONTRACTOR or sub-contractor’s agent(s) / sub-

agent(s), consultant(s) or employee(s) shall in the opinion of the Engineer-in-
charge or Site Engineer (whose opinion in this behalf shall be final) be guilty of
misconduct or be incompetent or insufficiently qualified or negligent in the
performance of his I their duties, or if in the opinion of the Engineer-in-Charge
(which shall be final) it is undesirable for any reason (which need not be
disclosed to time CONTRACTOR) for such person(s) to be employed in the work,
the CONTRACTOR, if so directed by the Site Engineer, shall forthwith remove or
cause to be removed such person(s) from employment thereon, and any
person(s) so removed shall not be re-employed in the work except with the
prior permission in writing of the Engineer-in-charge. Any person(s) so removed
from the works shall be immediately replaced at the expense of the
CONTRACTOR by a qualified and competent substitute.

[Link] If, at any time, in the course of execution of the contract, the OWNER /
Engineer-in-charge finds that any person employed by the CONTRACTOR or his
sub-contractor(s) or other agency(ies) employed by the CONTRACTOR is not
observing and/or is willfully flouting the operating security and safety
precautions of the area in which he is working and / or are found to be
indulging in activities prejudicial to the Interest of the OWNER, the
CONTRACTOR shall forthwith, on being directed by the OWNER/ Engineer-in-
charge in this behalf remove or cause to be removed such person(s), as may be
named by the OWNER / Engineer-in- charge in this behalf, from the site, within
24 hours of such intimation and such person(s) shall not be re-employed in this
work or any other work under the OWNER, without the prior written
permission of the OWNER. All repatriations of any person(s) removed from the
site shall be done by the CONTRACTOR at his own cost and the vacancy(ies) so
caused so caused shall be filled by the CONTRACTOR at his Own expenses by
competent substitutes.

[Link] If any activities of any such person are considered by the OWNER or Engineer-
in-charge to be criminal in character and/or prejudicial to the public or
national interest, the CONTRACTOR shall, in addition to removing such
person(s) as stipulated in [Link] above, also co-operate with the OWNER/
Engineer-in-charge in lodging such complaints with the police or other
authorities as the OWNER or Engineer-in-Charge considers necessary, and shall
co-operate with the OWNER, in handing over such person(s) to the concerned
authorities as decided by the OWNER.

[Link] The CONTRACTOR shall kept the OWNER indemnified from and against all
personnel and third party claims whatsoever (inclusive of all costs incurred
between attorney and client) arising out of any act or omission or intermission
on part of any sub-contractor or agent, sub-agent, consultant, or employee of
the CONTRACTOR or any sub-contractor, whether committed, omitted or arising
with or without the scope of the contract, sub-contract, agency or
employment, or otherwise.

[Link] CHANGE IN CONSTITUTION OF THE CONTRACTOR:

[Link] The CONTRACTOR, whether an individual, Proprietary concern, Partnership

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 GENERAL CONDITIONS OF CONTRACT
firm, Private limited Company or Public Limited Company, shall not make any-
change(s) in its constitution, by transfer of substantial shareholding or of
management (in the case of a company) or by addition or deletion of Partners,
change in the terms of Partnership, or make any other material change(s)
without prior intimation to and approval of the OWNER. Any such unauthorised
change shall attract the provisions of Clause [Link] hereof.

[Link] DEVIATIONS AND VARIATIONS IN SPECIFICATIONS

[Link] Time Engineer-in-Charge may at his discretion, and without prejudice to any
other right or remedy available to the OWNER in this behalf permit a
deviation or variation from the Specifications or accept any work or items of
work performed by the CONTRACTOR at variance with the Specifications and
any such permission, deviation or variation shall ipso facto be subject to the
condition that the monetary benefit of the deviation or variation, as
determined by the Engineer-in-Charge (whose decision shall be final and
binding upon the CONTRACTOR) shall be passed on to the OWNER. In such event
the CONTRACTOR shall be entitled only to such remuneration in respect of such
works or item(s) of work as may be determined by the Engineer-in-charge after
reduction of the monetary benefit arising from the deviation or variation as
determined by the Engineer-in-charge after reduction of the monetary benefit
arising from the deviation or variations determined by the Engineer-in-charge
which determination shall not be disputable by nor can otherwise form the
subject matter of a notified claim by the CONTRACTOR.

4. 11.2.0 Any permission or acceptance for any deviation or variation in specification as

envisaged in Clause [Link] hereof shall not be understood by the
CONTRACTOR unless specifically given in writing by the Engineer-in-charge to
the CONTRACTOR in the absence of which any deviation taken or variation done
in any work performed by the CONTRACTOR at variance with contractual
specifications, shall be deemed to be defective works attracting consequences
elsewhere herein specified with respect to defective work(s).

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 GENERAL CONDITIONS OF CONTRACT
SECTION – 5

INSPECTION TESTING AND QUALITY ASSURANCE

[Link] QUALITY ASSURANCE

[Link] Within two weeks of the receipt of the Letter of Acceptance from the OWNER,
the CONTRACTOR shall submit to the Engineer-in-charge, a detailed Quality
Assurance Plan envisaged by him for ensuring due and proper adherence to
Quality as required by the Specifications for the work. This Quality Assurance
Plan (QAP) shall give in detail the Organization and Methodology, Checks and
controls, as well as the Correction mechanisms built into the QAP system as
envisaged by the CONTRACTOR at the Site and elsewhere, for ensuring quality
inputs into the work and for ensuring quality output on the Job.

[Link] The Engineer-in-charge shall be entitled, from time to time and at any time to
make or cause to be made such addition(s), modification(s) or alterations(s) in
the QAP as he considers necessary to improve the QAP (the decision of the
Engineer-in-Charge in this behalf shall be final and binding on the
CONTRACTOR), and the CONTRACTOR shall thereafter follow the QAP as added,
modified or altered by the Engineer-in-charge.

[Link] INSPECTION AND TESTING OF MATERIALS

5.1. 1.0 The Engineer-in-Charge shall be entitled at all times, at the risk of the
CONTRACTOR, to inspect and/or test by itself or through an independent
person(s) or agency(ies) appointed by the OWNER or Engineer-in-Charge and I or
to direct the CONTRACTOR to inspect and/or test or to get inspected and/or
tested, all materials, items and components, whatsoever supplied or proposed
for supply for incorporation in the works, inclusive during the course of
manufacture or fabrication by the CONTRACTOR and I or at the CONTRACTOR ‘s
or his sub-vendors’ works or otherwise, of such material, item or component.
The inspection and I or tests shall be conducted at the expense of the
CONTRACTOR, and may be directed by the OWNER or Engineer-in-charge to be
conducted by authorized representatives of the OWNER/ Engineer-in-charge or
third party inspection agency(ies) appointed by the OWNER. The OWNER may
also require that all the inspections and tests conducted by the CONTRACTOR at
his works or his sub-vendors’ works be carried out in the presence of authorized
representatives of the OWNER/Engineer-in-Charge/ third party inspection
agency(ies) appointed by the OWNER. The CONTRACTOR shall provide the
OWNER! Engineer-in-charge and/or their representatives/Agents every facility
or assistance necessary for carrying out or witnessing, as the case may be, the
Test(s)/Inspection(s).

[Link] The CON1RACTOR shall also on receipt of intimation of any communication of

any inspection or tests by the OWNER/Engineer-in-Charge or any of their
representative(s)/agency(ies) nominated by the OWNER or Engineer-in-Charge
in this behalf, present himself or his authorized representative at the place of
inspection and/or testing to receive any orders or instructions consequent
thereto, as shall be necessary.

5.i.3.0 The CONTRACTOR shall furnish to the Site Engineer for approval when
requested, or as required by the specifications or other contract documents,
adequate samples of all materials and finishes intended for incorporation in the
works, such samples are to be submitted before the work is commenced
permitting sufficient time for test(s)/examination(s) thereof of the OWNER. All
materials furnished and finishes incorporated in the work shall conform to the
approved sample(s) in all respects.

[Link] The Engineer-in-Charge and/or Site Engineer shall be entitled to reject at any
time any defective material, item or component (including specially
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 GENERAL CONDITIONS OF CONTRACT
manufactured or fabricated items and components) supplied by the
CONTRACTOR for incorporation in the works, notwithstanding previous
inspection and/or testing thereof by or on behalf of the OWNER without
rejection and notwithstanding previous approval l thereto by or on behalf of the
OWNER (the decision of the Engineer-in-Charge as to any defect as aforesaid
being final and binding upon the CONTRACTOR), and upon such rejection, the
CONTRACTOR shall either perform such work or improvement thereon or in
respect thereof, as shall be necessary to bring the material item/component to
the requisite standard, or shall, if so required by the Engineer-in-Charge (whose
decision in this behalf shall be final), remove the rejected material/ item/
component from the job site within the time specified by the Engineer-in-
Charge or the Site Engineer and replace it at his own cost and expense (without
additional remuneration or compensation in respect thereof) with
material(s)/item(s)/component(s) approved by the Site Engineer. The
provisions of clause [Link] hereof shall mutatis mutandis apply to any failure
of default by the CONTRACTOR to do so.

[Link] INSPECTION AND TESTING OF WORKS

[Link] The CONTRACTOR shall at all times ensure the highest standards of
workmanship relative to the work, to the satisfaction of the Site Engineer or
any Inspector(s) or Inspecting Agency(ies) nominated by the OWNER /Engineer-
in-Charge in this behalf. The Site Engineer/Inspector(s) /Inspecting Agency(ies)
shall have the power to inspect the work in all respects, at any and all times up
to completion of the work as also to test or instruct the CONTRACTOR to test
the works or any structure, material or component thereof at the risk and cost
of the CONTRACTOR, either by the CONTRACTOR or by any agency(ies)
nominated by the OWNER/Engineer-in-Charge or Site Engineer in this behalf.

.2. 1.1 The CONTRACTOR shall provide all facilities, instruments, material, labour and
accommodation required for inspecting and testing the works (including
checking the setting out of the works) and shall afford the Site Engineer/
Inspector(s)/ Inspecting Agency (ies) all assistance necessary to conduct the
tests.

[Link] The CONTRACTOR shall also provide and keep at all times during the progress of
the work and maintenance period, proper means of access to the works and
every part thereof by means of ladders, gangways, etc., and necessary
attendance to move and set up the same as directed by the Site Engineer/
lnspector(s)/ lnspecting Agency(ies) for inspection or measurement of the
works.

[Link] On no account shall the CONTRACTOR proceed with concreting or other work
such as(but not limited to) foundations, superstructure or edge preparation of
pipes for welding) by covering up or otherwise placing beyond the reach of
inspection or measurement any works before necessary inspection entries are
filled in the Site Inspection Register by the Site Engineer or the Inspector(s) or
Inspecting Agency(ics).

[Link] Should the CONTRACTOR fail to comply with any of the provisions a foregoing
relative to inspection and / or testing of the works, the Engineer-in-Charge or
Site Engineer shall in his absolute discretion be entitled to remove / dismantle
and / or uncover, as the case may be, at the risk and cost of the CONTRACTOR
for test and examination any works, structure or component thereof installed,
erected or put up by the CONTRACTOR and to conduct or have conducted the
test(s) and / or examination at the risk and cost of the CONTRACTOR. In such
event, the CONTRACTOR shall also bear the risk and costs of replacement,
reinstallation or re-erection of the concerned works, structure, or component
as the case may be.

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 GENERAL CONDITIONS OF CONTRACT
[Link] Notwithstanding anything provided in the a foregoing clauses hereof, the
CONTRACTOR shall be and remain liable at his own cost and initiative to
conduct all tests at all relevant times during supply, erection and installation of
any works, structure, material or component as shall be required in terms of
the Contract Documents or by any codes or specifications referred to therein or
approved by the OWNER or the Engineer-in-Charge. Where the Contract
Documents or codes or specifications do not State or nominate the agency or
laboratory where such test shall be conducted, the same shall be conducted at
the cost of the CONTRACTOR through an agency(ies) or laboratory(ies)
nominated by the OWNER or the Engineer-in-Charge for the purpose.

[Link] Should the Engineer-in-Charge or Site Engineer on inspection or testing be not

satisfied with the quality or workmanship of any works, structure, item or
component (the decision of the Engineer-in-Charge being final in this behalf),
the CONTRACTOR shall forthwith re-perform, replace, reinstall or re-erect, as
the case may be, such works, structure, item or component, and no such
rejected works structure, item or component shall be reused with reference to
the work except with the prior permission of the Engineer-in-Charge or Site
Engineer, and the provisions of Clause [Link] hereof shall apply to default by
the CONTRACTOR of the provisions of this Clause.

[Link] Notwithstanding anything provided in foregoing clauses hereof and

notwithstanding that the Site Engineer and/or Inspector(s) or Inspecting
Agency(ies) has/have inspected, tested and/or approved any particular work,
structure, item or component, such inspection, test or approval shall not
absolve the CONTRACTOR of his full responsibility under the Contract (inclusive
of and relative to specification fulfillment and performance guarantees) the
said inspection and test procedure being intended basically for the satisfaction
of the OWNER that prima facie the erection done and/or materials and
components supplied for incorporation in the works is in order.

[Link] Should the CONTRACTOR fail to remove and/or re-perform replace, reinstall, re
erect, as the case may be, any work, structure, material, item or component
rejected or found defective in terms of Clause [Link] or Clause [Link] hereof
within such period as the Engineer-in-Charge may specify by written notice to
the CONTRACTOR in this behalf, the CONTRACTOR shall be deemed to be in
breach of contract within the provisions of Clause [Link] hereof with regard to
termination of Contract and associated provisions thereunder and the OWNER
and Engineer-in-Charge shall be entitled (without prejudice to any other right
or remedy of the OWNER) to remove the rejected I defective works, structure,
material, item or component and to re-perform, replace reinstall and I or re-
erect, as the case may be, the same by itself or through other agency(ies) or
contractor(s) at the risks and costs of the CONTRACTOR in all respects, and
recover the costs incurred by the OWNER in this behalf together with a
supervision charge of 15% (fifteen percent) thereon admissible to the OWNER,
and the OWNER shall be entitled (without prejudice to any other mode of
recovery) to deduct the same from the Running Account I Final Bill(s) of the
CONTRACTOR or any monies becoming due to the CONTRACTOR from time to
time under this or any other Contract.

[Link] For the purposes of Clause [Link] hereof, the decision of the Engineer-in-
Charge on whether the works, structure, material, item or component is/are
defective and/or is/are required to be removed and/or re-performed replaced,
re-installed and/or re-erected, as the case may be, and as the costs incurred by
the OWNER in this behalf, shall be final and binding upon the CONTRACTOR.

[Link] Without prejudice to and in addition to any other right of inspection, test or
examination by the OWNER, before or after the passing and payment of the
Final Bill, but before the expiry of the defect liability period, external agencies
such as the Chief Technical Examiner of the Central Vigilance Commission shall
have the right to technically audit the works. Any defects in the works pointed
out by this technical audit group/agency shall be final and binding on the
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 GENERAL CONDITIONS OF CONTRACT
CONTRACTOR, notwithstanding that the final Bill had been passed and/or paid
to the CONTRACTOR and notwithstanding that the findings and report of this
agency is released after the expiry of the defect liability period. The
CONTRACTOR shall be bound to remove the defects pointed out by the
technical audit group/agency and to repair / replace the defective works to the
satisfaction of the OWNER, and the OWNER shall be entitled to retain in whole
or part the Contractor’s dues (if the Final Bill has not been paid), or the
Security Deposit (if any) remaining in the hands of the OWNER, or to encash in
whole or part the Bank Guarantee(s) (if any) remaining in the hands of the
OWNER to ensure the fulfillment of the CONTRACTOR ‘s obligations in this
regard. The Provisions of Clauses [Link] and [Link] hereof shall mutatis
mutandis apply to such defect(s).

[Link] Should the CONTRACTOR fail to comply wit the provisions of Clause [Link]
hereof, the provisions of Clauses [Link] and [Link] hereof shall mutatis
mutandis apply.

[Link] In case the defects or any of them are such as not to require replacement, the
OWNER shall have the right to accept the defective work with suitable
reduction in rates/price, as may be determined by the General Manager, for
the determination of which the provisions of Clause [Link] hereof shall mutatis
mutandis apply, for which purpose any reference in Clause [Link] to the
Engineer-in-Charge shall be deemed to be a reference to the General Manager,
and the defective works shall be deemed to be works hot covered by the
Schedule of Rates/lump sum price as the case may be. The reduction as
determined by the Engineer-in-charge shall be final and binding on the
CONTRACTOR.

[Link] Should the money retained by the OWNER pursuant to .the provisions of Clause
[Link] hereof be insufficient to meet the CONTRACTOR’S liabilities, the
CONTRACTOR shall forthwith on demand by the OWNER pay the shortfall,
failing which the CONTRACTOR shall be liable to pay the OWNER interest on the
outstanding at the rate of interest applied by the State Bank of India on
overdrafts, and the OWNER shall, without prejudice to any other right or
remedy available to the OWNER, be entitled to recover the shortfall from any
amount(s) payable or becoming due and payable under any other contract(s).

[Link] FINAL TESTS & POSSESSION OF WORKS

[Link] As soon as the works have been completed in all respects to the satisfaction of
the Engineer-in-charge or Site Engineer, Final Tests of the works shall be
undertaken by the CONTRACTOR at the risks and costs of the CONTRACTOR, in
the presence of the Site Engineer or his authorized representative(s). The
OWNER may at its discretion permit final test(s) piecemeal in respect of
particular part(s) or group(s) of the works or in respect of particular job site(s)
involved.

[Link] The CONTRACTOR and the Site Engineer shall maintain a joint record of all final
tests conducted, together with the results thereof, indicating the dates on
which each of the said final tests was completed part-wise, component-wise,
section-wise, group-wise, plant-wise, system-wise and sub-system wise, as well
as on the entire works or Unit as a whole.

[Link] The OWNER shall be entitled to take over for operation, any of the various
parts, components, sections, groups, plants, systems or sub-systems of the
work, on which the respective final tests are completed. The date, on which
the final tests on the entire work have been completed, shall be reckoned as
the date of completion of the entire work covered by the contract.

[Link] Unless commissioning is included within the scope of work of the CONTRACTOR,
in a contract in within the scope of work of the CONTRACTQR includes erection
and/or installation of a Plant or Unit or of any equipment, the date of
Mechanical Completion thereof recorded by the Engineer-in-charge pursuant to
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 GENERAL CONDITIONS OF CONTRACT
successful final tests under Clause [Link] hereof shall be reckoned as date of
completion of the work.

[Link] If during Final Tests or prior there to any defects(s) in the design (insofar far as
the work may involve any designing on the part of the CONTRACTOR) or in any
work performed or structure or component installed or erected or re-installed
or re-erected or in any installation or erection or material or other items
incorporated in the works, is/are noticed, the CONTRACTOR shall forthwith
repair (if it can be repaired) and/or remove and/or demolish the same (if it
cannot be repaired) and replace, re-install and re-erect the same and otherwise
do and provide whatever is necessary to be done or provided to correct, repair,
and/ or rectify the defect(s) to the satisfaction of the Engineer-in-charge, and
if the defect (s) be discovered during the Final Tests, the CONTRACTOR shall
thereafter repeat the Final Tests or such of them as may be required to be
repeated and so on, until the successful conclusion of Final Tests as aforesaid,
without any defects in respect of the entire works or Plant or Unit, as the case
may be.

[Link] Should the CONTRACTOR fail to correct, repair or rectify any defects as
aforesaid, the provisions of Clauses [Link] and [Link] hereof shall mutatis
mutandis apply.

[Link] If, by reason of any default on the part of the CONTRACTOR, final tests cannot
be conducted in respect of the entire works or for the Plant or Unit (in the case
of a Contract which includes within its scope the erection or installation
thereof) or for any of the separate part(s), component(s), section(s), group(s),
system(s) or subsystem(s) comprised therein, within 30 (thirty) days after the
dates fixed for the completion of the entire works covered by the contract
under the Progress Schedule or Mechanical Completion of the Plant/Unit, as the
case may be, the OWNER shall be entitled, notwithstanding anything provided
in Clause [Link] hereof and without prejudice to any other rights or remedies
of the OWNER and/or the liabilities of the CONTRACTOR under the Contract
including (but not limited to) the rights of the OWNER under clauses [Link],
[Link] and associated clauses thereunder, to take over and use the incomplete
works or Plant or Unit, as the case may be, with or without affording the
CONTRACTOR any further opportunity for completing the works and/or
satisfying the requirements of final tests. The taking over and possession or use
of the works or Plant or Unit or any part or portion or component, section or
group or system or sub-system thereof by the OWNER, under the above
provisions shall not be deemed to be an acceptance of the works or Plant or
Unit or the relative part, portion, component, section, group, plant system or
sub-system, as the case may be, nor shall relieve the CONTRACTOR of his full
obligations in respect thereof under the contract.

[Link] If the CONTRACTOR is permitted to complete and/or conduct final tests for the
works or Plant or Unit, or any part of the works or Plant or Unit, as the case
may be, after it is taken over under the provisions hereof, this shall be without
prejudice to the rights of the OWNER under the contract, including (but not
limited to) clauses [Link] and [Link] and associated clauses thereunder.

[Link] If the CONTRACTOR is permitted to complete and/or conduct final tests for the
works or Plant or Unit or any part of the works or Plant or Unit, as the case may
be, and the CONTRACTOR is of opinion that such taking over and/or use shall
require an extension of time for completion and/or for conducting final tests,
the provisions of Clause [Link] and associated Clauses thereunder relating to
extension of time shall apply.

[Link] If pursuant to action under Clause [Link] the CONTRACTOR is not permitted by
the OWNER to complete and/or to conduct final tests for the works or Plant or
Unit or any part thereof, the incomplete works/Plant/Unit shall be deemed to
be a defective work. If the OWNER decides not to exercise its rights under

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 GENERAL CONDITIONS OF CONTRACT
Clause [Link] or Clause [Link] in respect thereof, then the OWNER shall
(without prejudice to any other right which it may have) be deemed to have
agreed to accept the defective works subject to a reduction in the applicable
rate(s)/Iumpsum price(s) as determined by the General Manager, and the
provisions of Clause [Link] hereof shall mutatis mutandis apply.

[Link] If the Final Tests cannot be completed in respect of the entire work or the
Plant/Unit or any par/ component/ section/ group/system/ sub-system
thereof, for reasons solely attributable to the OWNER, within 30 (thirty) days
after the date fixed for completion of the entire Works or Mechanical
Completion of the Plant/Unit, as the case may be, under the Progress Schedule,
the OWNER shall be entitled to take over and use the works/Plant/Unit pending
the completion of the Final Tests by the CONTRACTOR at a later date. If,
however, the Final Tests cannot be completed within 6 (six) months of taking
over the works/Plant/Unit for reasons solely attributa6le to the OWNER, the
CONTRACTOR ‘s progressive/ stage wise payment, if any, held back specifically
for non-completion of the said Final Tests, shall be released to the
CONTRACTOR by the OWNER, against a Bank Guarantee for an equivalent
amount issued in a form and by a Scheduled Bank in India acceptable to the
OWNER. This Bank Guarantee shall be kept valid for a period of 6 (six) months
from the date of release of payment as aforesaid. If, however, it is still not
possible to conduct the Final Tests, within the validity period of the aforesaid
Bank Guarantee for reasons solely attributable to the OWNER, the requirement
of Final Tests for the concerned works or Plant/Unit or part/
component/section/ group/ plant system/ sub-system thereof, shall stand
waived and the said Bank Guarantee will be released to the CONTRACTOR, duly
discharged, by the OWNER.

[Link] The OWNER may, in addition to any other right(s) or power(s) to take over
and/or use incomplete or defective works, at any time during the progress of
the works, notwithstanding that time for the completion of the entire works or
concerned part, system(s), portion or section thereof according to the Progress
Schedule(s) shall not have expired, take over and/or use for any purpose the
incomplete or partially completed works or any part, system(s), portion or
section thereof, as the case may be, and give the CONTRACTOR an opportunity
for completing the work or relative part, system(s) or portion or section
thereof, as the case may be, within the time for completion permitted
therefore under the Progress Schedule, If in the opinion of the CONTRACTQR,
such taking over and/or use require an extension of time for completion, the
provision of Clause [Link] hereof and associated clauses thereunder relating to
extension of time shall apply. Provided Always that such taking over, possession
or use of the works or any part, system(s), portion or section thereof by the
OWNER within the provisions hereof shall not be deemed to be an acceptance
of work or relative part, system(s), portion or section thereof by the OWNER or
relieve the CONTRACTOR of his full obligations in respect thereof under the
CONTRACT.

[Link] COMMISSIONING AND PERFORMANCE TESTS

[Link] If commissioning is within, the scope of work of a CONTRACTOR engaged inter

alia for erection and/or installation of a Plant or Unit, the work shall be
deemed not to be complete unless the Plant/Unit is successfully commissioned
and handed over to the OWNER for operation.

[Link] Prior to commissioning the Plant or Unit, the CONTRACTOR shall undertake all
operations necessary for start-up of the Plant/Unit to the satisfaction of the
Engineer-in-Charge.

[Link] While the OWNER shall provide the utilities required for start-up and
commissioning the Plant/Unit and the raw material or feed stock to be
processed in the Plant or Unit, the CONTRACTOR shall provide all other inputs
and consumables required for start-up and commissioning the Plant/Unit
including grease and lubricants and first fill of fuels and oils for the equipment
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 GENERAL CONDITIONS OF CONTRACT
and Machinery.

[Link] The CONTRACTOR shall provide all personnel required for start-up and
supervisory and technical personnel required for commissioning, while the
OWNER shall provide operating personnel for commissioning, and shall make
and undertake modifications in the Plant/Unit required for successfully
commissioning the Plant/Unit. The CONTRACTOR shall not, however, within the
scope of the work of erecting and/or installing or commissioning the Plant/Unit
be required to supply any material, (other than utilities and consumables)
required to be incorporated in such modification.
[Link] The Plant/Unit shall be understood to have been successfully commissioned by
continuous and stabilised operation upto full capacity for a continuous period of
not less than 7 (seven) days. On successful commissioning of Plant/Unit, the
Engineer-in-Charge shall issue a Commission Certificate which shall state the
date of completion of commissioning.

[Link] If conduct of Performance Tests falls within the scope of work of a

CONTRACTOR engaged inter alia for erection and/or installation of a Plant or
Unit, the work shall be deemed not to be complete until successful completion
of the Performance Tests.

[Link] Performance tests shall be started when the Unit is stabilized under design
conditions. The plant shall be operated and controlled in accordance with
procedures set up before hand. The performance shall be measured on the
basis of the average of data obtained during 72 (Seventy two) hours of
performance tested under continuous operation of the Unit/Plant in
performance test conditions after the Unit/Plant has been stabilized.

[Link] The CONTRACTOR shall provide technical and supervisory personnel required to
conduct the Performance Tests, while the OWNER shall provide all other inputs
required for the purpose. The CONTRACTOR shall make and undertake all
modifications required to be made in the Plant/Unit to meet the Performance
parameters and/or to successfully complete the Performance Tests for the
Plant/Unit. The CONTRACTOR shall not, however, within the scope of work of
erecting and/or installing or conducting Performance Tests for the Plant/Unit
be required to supply any materials (other than utilities and consumables)
required to undertake the modifications. The Performance Tests shall be
repeated, if necessary, until successful completion of the Performance Tests.
On successful completion of the Performance Tests, the Engineer-in-Charge
shall issue the CONTRACTOR a Performance Test Certificate which shall
indicate the dates on which the Performance Tests were conducted and the
date(s) of successful completion of the Performance Tests. The provisions of
Clause [Link] hereof shall mutatis mutandis apply to Performance Tests in the
same manner as they apply to Final Tests.

[Link] If during commissioning and/or Performance Tests any defects are discovered in
any work performed by the CONTRACTOR or in any erection or installation
undertaken by the CONTRACTOR, the CONTRACTOR shall forthwith within the
scope of work do and provide all that is necessary to be done or provided
to correct, repair and/or rectify the defect(s) to the satisfaction of the
Engineer-in-Charge and shall remove or demolish and re-erect or re-install the
defective works, if necessary, and shall thereafter continue with the
commissioning or repeat the Performance Tests, as the case may be, or such of
them as are required to be performed, and so on until successful completion of
the commissioning and/or Performance Tests. Should the CONTRACTOR fail to
correct, repair or rectify any defects as aforesaid, the provisions of Clauses
[Link] and [Link] hereof shall mutatis mutandis apply.

[Link](a) If on any testing, any material or equipment or the Unit does not meet the
design, or guaranteed performance relative thereto, the CONTRACTOR shall
forthwith within the CONTRACTOR’s scope -of work and at no additional cost to
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 GENERAL CONDITIONS OF CONTRACT
the OWNER undertake such additional tests and/or operations as are necessary
to identify the cause of such failure. Such tests and/or operations shall be
conducted in conjunction with the Process Licensor, if the Unit as a whole fails
to meet the Process Licensor’s Guarantees.

(b) If as a result of such tests and/or operations it is determined that the design,
rated and/or guaranteed outputs or capacities have not been met because of a
defect or deficiency or unsuitability or inadequacy in or of any material(s)
(including machines and equipments) supplied by the CONTRACTOR, the
CONTRACTOR shall forthwith in consultation with the Engineer-in-Charge take
steps necessary to cause the- defect/ deficiency/ unsuitability/ inadequacy to
be identified and rectified, either by replacement of the defective material or
part thereof or by repair thereof.

(c) If under any of the provisions ‘hereof, the CONTRACTOR is required to

undertake any modification, rectification or replacement, the CONTRACTOR
shall for this purpose forthwith establish a Time Schedule acceptable to the
Engineer-in-Charge for such modification/replacement/rectification bearing in
mind the time exigencies and the Project requirements. Should the
CONTRACTOR fail to establish the Time Schedule, the Engineer-in-Charge shall
establish the Time Schedule, and the Time Schedule so established shall be
binding on the CONTRACTOR.

(d) Should the CONTRACTOR thereafter fail to adhere to a Time Schedule so

established for the replacement/rectification, the OWNER may (but without
obligation to do so) take over in whole or part such replacement/rectification
at the risk and cost of and as agent of the CONTRACTOR. In so doing, the
OWNER shall be entitled to identify and employ through private negotiations
the quickest available resources of supply and/or work without resorting to the
tender process or any other form of ’ competitive bidding and shall be
entitled to recover from the CONTRACTOR, the costs incurred by the OWNER in
respect thereof, plus 15% (fifteen percent) supervision charges.

[Link] The procedure for commissioning the Plant/Unit and/or for conducting
Performance Tests shall be as prescribed by the Engineer-in-Charge taking into
account the requirements of the manufacturers/Vendors of plant and
equipment and the Licensors of the process(es) involved. The CONTRACTOR
shall strictly comply with the procedure to ensure strict adherence with the
said requirements.

[Link] Although the CONTRACTOR is not responsible for process guarantees, he shall
carry out all activities for collecting the required data during Performance Test
runs to identify problems of non-performance for further analysis and
modifications required to meet process peif3rmance parameters.

[Link] COMPLETION CERTIFICATE

[Link] After the final tests have been successfully completed in respect of all the
works envisaged in the contract, or after the Plant/Unit has been Mechanically
completed, as the case may be, the CONTRACTOR shall clear the job site of all
scaffolding, wiring, pipes, surplus materials, CONTRACTOR ‘s labour, equipment
and machinery and shall demolish, dismantle and remove all CONTRACTOR ‘s
site offices and quarters and other temporary works, structures and
constructions and other items and things whatsoever brought upon or erected
at the job site or any land allotted to the CONTRACTOR by the OWNER and not
incorporated in the permanent works and shall remove all rubbish from the job
site and the land allotted to the CONTRACTOR and shall clear, level and dress
the job site and said land to the satisfaction of the Site Engineer and shall put
the OWNER in undisputed custody and possession of the job site and all land
allotted by the OWNER to the CONTRACTOR , and unless the CONTRACTOR shall
have fulfilled the provisions of the clause, the works shall not be deemed to

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 GENERAL CONDITIONS OF CONTRACT
have been completed, and failing compliance by the CONTRACTOR of the
provisions of this clause, the provisions of Clauses [Link] and [Link] hereof
and associated provision thereunder shall mutatis mutandis apply.

[Link] Upon the satisfactory fulfillment by the CONTRACTOR of the provisions of

Clause [Link] hereof, the CONTRACTOR shall be entitled to apply to the
Engineer-in-Charge, for a Completion Certificate in respect of the entire work
or work at any job site, as the case may be, upon submission of the following
documents: -

(i) The Technical Documents according to which the work was carried out;
(ii) Complete set of working drawings showing therein corrections and
modifications (if any) made during the course of execution of the works, signed
by the Engineer-in- Charge;

(iii) Certificates of final levels as set for various works, -signed by the Site -
Engineer;

(iv) Records of the final test as maintained jointly and signed by the representative
of the CONTRACTOR and the Site Engineer or Mechanical Completion Certificate
(if commissioning is not within the CONTRACTOR’s scope of work) and
Commissioning Certificate (if Performance Tests are not w 1thin the
CONTRACTOR’s scope of work) and Performance Test Certificate (if
Performance Tests are within the CONTRACTOR’S scope of work).

(v) Certificate of Site Engineer of satisfactory fulfillment of the provisions of

Clause [Link] hereof;

(vi) List of surplus/scrap materials, (out of the materials issued by the OWNER) re-
turned to the OWNER’s Store or otherwise disposed of, duly signed by the Site
Engineer.

(vii) Materials-at-site accounting for OWNER-supplied materials, signed by the Site

Engineer;

(viii) Discharge Certificate in respect of OWNER-supplied equipment and machinery,

signed by the Site Engineer; and

(ix) Declaration by the CONTRACTOR that he has duly cleared any and all of the
dues payable by him to his Labour! Piece rate workers (PRWs), Sub-Contractors,
Suppliers, Vendors, Income Tax, Sales Tax, Octroi and Service Tax, Excise and
Customs, Provident fund, ESI and royalties, if any.

[Link] If Engineer-in-Charge is satisfied of the completion of the work relative to

which the Completion Certificate has been sought and of the completeness in
all respects of the Documents specified in Clause [Link] hereof, the Engineer-
in-Charge shall, within 14(fourteen) days of receipt of the application for
Completion Certificate, issue a Completion Certificate in respect of the said
work in the format prescribed by the OWNER.

[Link] The issue of a Completion Certificate shall be without prejudice to the

OWNER’s rights and to the CONTRACTOR’s liabilities under the Contract,
including the CONTRACTOF’s liability for the defect liability period under
Clause [Link] hereof, nor shall the issue of a Completion Certificate in respect
of the works or work at any job site be construed as a waiver of any right or
claim of the OWNER against the CONTRACTOR in respect of work or the works
at the job site in respect of which the Completion Certificate has been issued.

[Link] Up to and until issue of the Completion Certificate as provided for hereinabove
in respect of the work or works at any job site, the relative work(s) shall be and

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 GENERAL CONDITIONS OF CONTRACT
remain at the risks of the CONTRACTOR in all respects, including (but not
limited to) accident, fire, lightning, earthquakes, flood, storm, tempest, riot,
civil commotion and/ or war, except for such works/Plant/Unit or parts,
portions, components, sections, groups, systems or sub-systems, which have
been taken over by and put to beneficial use by the OWNER, in respect whereof
such risks shall pass to the OWNER when the OWNER takes over the same in
terms of the Contract.

[Link] DEFECT LIABILITY PERIOD

[Link] The Defect Liability Period for the works (including the materials incorporated
therein within the CONTRACTOR’s scope of supply) shall unless otherwise
specified be 12 (twelve) months from the date of issue of the Completion
Certificate.

[Link]. The CONTRACTOR shall, at his own cost and initiative, correct, repair and/or
rectify any and all defect(s) and/or imperfections in the design- of the work
(insofar as the CONTRACTOR .shall be concerned with the design of the work or
any part thereof) and/or in the work performed and/or materials, components
or other items incorporated therein within the CONTRACTOR’s scope of supply
as shall be discovered during the Defect Liability Period and in the event of the
CONTRACTOR failing to do so,- the provisions of Clauses [Link] and [Link]
hereof shall apply.

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 GENERAL CONDITIONS OF CONTRACT
SECTION - 6

MEASUREMENTS AND PAYMENTS

[Link] FINAL MEASUREMENTS

[Link] Within 15 (fifteen) days from the date of completion of Final Test(s) in respect
of the works or any portion, section, group or job site, as the case may be, the
CONTRACTOR shall cause to be jointly taken with the Site Engineer. Final
measurements as herein provided for the works coverc4 by the said Final
Test(s).

[Link] If the CONTRACTOR fails to apply to the Engineer-in-Charge for final

measurements within 15 (fifteen> days from the date of relative final tests as
specified in Clause [Link] hereof, .the Site Engineer may, of his own initiative,
notify the CONTRACTOR in writing of the date(s) for final measurements. The
CONTRACTOR shall be bound to present himself for the measurements on
date(s) so notified, failing which the provision of Clause [Link] hereof shall
apply.

[Link] MODE OF MEASUREMENT:

[Link] All measurements shall be in the metric system, and except where expressly
indicated to the contrary in the Schedule of Rates or other Contract
Documents, all measurements shall be taken in accordance with the procedures
set forth in the Schedule of Rates, Specifications and, other Contract
Documents, notwithstanding any provision(s) in the relative standard method of
measurement or any other general or ideal custom to the contrary.

[Link] In the event of the mode of measurement being not provided for by the Contract
Documents in respect of any item of the work, such item of work shall be
measured in accordance with the Indian Standard Specification No.1200 (latest
edition) and such other Indian Standard Specifications as may be applicable,
and in the event of such item not being covered by the said Indian Standard
Specifications, shall be measured in accordance with the method of
measurement in this behalf determined by the Engineer-in-Charge, whose
decision shall be final and binding upon the CONTRACTOR.

[Link] All measurements shall be taken jointly by the Site Engineer or his
representative on the one hand and the CONTRACTOR or his representative on
the other hand and the CONTRACTOR shall be bound to present himself on his
authorised representative whenever so required by the Site Engineer, and shall
remain present throughout the time required for joint measurements.

[Link] If the CONTRACTOR absents himself for any reason whatsoever on any date
appointed for joint measurements, the joint measurements shall be taken by
the Site Engineer in the absence of the CONTRACTOR and, the measurements
signed by the Sue Engineer shall be final and binding upon the CONTRACTOR.

[Link] Measurements shall be signed and dated on each page by the

CONTRACTOR/CONTRACTORS representative and Site Engineer/Site Engineer
representative. If the CONTRACTOR objects to any of the measurements
recorded, including the mode of measurement, such objection shall be noted in
the measurement book against the item objected to and such note shall be
signed by the CONTRACTOR/ CONTRACTOR’s representative and Site
Engineer/Site Engineer’s representative. In the absence of any noted objection
as aforesaid, the CONTRACTOR shall be deemed to have accepted the relative
measurements as entered in Gm Measurement Book/Sheets and shall be barred
from raising any objection in respect of any measurements recorded in the
Measurement book.

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 GENERAL CONDITIONS OF CONTRACT
[Link] All measurements relative to which any objections have been noted in the
Measurement Book shall be submitted to the Engineer-in-Charge for his
decision, and the decision of the Engineer-in-Charge relative thereto (whether
on the correct measurement to be adopted or on the mode of measurement to
be adopted) shall be final and binding upon the CONTRACTOR.

[Link] FINAL BILL

[Link] On the basis of the Final Measurements entered in the Measurement

Books/Sheets (the measurements decided by the Engineer-in-charge upon any
objection and/or mode of measurement decided by the Engineer-in-Charge
upon any objection being the measurement to be adopted in such event), the
CONTRACTOR shall prepare and submit to the Engineer-in-charge a Final Bill in
the prescribed form with reference to the total work covered by the Contract.
Such Bill is to be drawn up by applying the applicable rate(s) specified in the
Schedule of Rates to the, relative measured quantity(ies). Final Bill shall also
include the reconciliation or accounting of all materials supplied by or on
behalf of the OWNER as free issue immaterial or otherwise.

[Link] If there is any difference or disputes between the CONTRACTOR and the OWNER
as o the item(s) of the Schedule of Rates applicable to any particular supply,
work or operation, the decision of the Engineer-in-charge on the applicable
item(s) of the Schedule of Rates shall be final and binding upon the
CONTRACTOR. If the Engineer-in-Charge shall be of the opinion (which opinion
shall be final and binding upon the CONTRACTOR) that the disputed supply,
work or operation is not covered by any item in the Schedule of Rates or by an
other rate fixed pursuant to the provisions hereof, the Engineer-in-charge shall
determine the applicable rate(s) in respect thereof according to the provisions
of Clause [Link] hereof, and the rate(s) so determined by the Engineer-in-
charge shall be final and binding on the CONTRACTOR.

[Link] If the CONTRACTOR has already prepared the Final Bill, the CONTRACTOR shall
amend the Final Bill to apply the applicable item(s) of the Schedule of Rates
and/or rate(s) as determined by the Engineer-in-charge and if the CONTRACTOR
has not prepared the Final Bill, shall prepare the Final Bill accordingly.

[Link] The Final Bill shall, in addition to the payment entitlements arrived at
according to the provisions of Clause [Link] hereof and associated clauses
above, include in a separate statement annexed thereto the notified claims of
the CONTRACTOR as provided for in Clause [Link] hereof.

[Link] The Final Bill drawn in accordance with the provisions hereof shall be submitted
to the Engineer-in-charge for certification in quintuplicate (or in such other
number of copies as may be prescribed) accompanied by the Completion
Certificate relating to the works.

[Link] The Engineer-in-Charge shall within 30 days of the receipt of the Final Bill
drawn in accordance with the provisions hereof proceed to check, correct and
certify the Final Bill and shall forward time corrected and certified Final Bill to
the OWNER for scrutiny and payment together with the Completion Certificate,
and shall send to the CONTRACTOR for his information a copy of the Final Bill as
corrected and certified.

[Link] All monies payable under the Contract shall become due to the CONTRACTOR
only after submission to the OWNER of the certified Final Bill accompanied by
the Completion Certificate in respect of the works.

6.2.5 0 Payment of the amount(s) due on the Certified Final Bill to the extent admitted
by the OWNER shall be made within 90 (ninety) days from the date of its
certification by the Engineer-in-charge.

[Link] The payment to the CONTRACTOR on the Final Bill shall be subject to deduction
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of retention money(ies), balance security deposits and other claims, if any, as
well as income tax as provided under section 194-C of the Income Tax Act and
such other taxes and deductions as provided for under any law, rule or
regulation having the force of law for the time being applicable (including any
hold ups directed or necessitated by Court Orders or Orders of any Tribunal or
other statutory authority and/or of the Vigilance Commission).

[Link] The OWNER may authorise the Engineer-in-charge and/or any other person(s) to
commence a dialogue with the CONTRACTOR for arriving at a settlement of the
notified claims of the CONTRACTOR annexed to the Final Bill as provided in
Clause [Link] hereof.

[Link] If a settlement is negotiated with the CONTRACTOR in respect of such claims

and such settlement is approved by the OWNER, the CONTRACTOR shall submit
a Supplementary Final Bill to the OWNER drawn in terms of the said settlement,
and the provisions of Clause [Link] and associated clauses thereunder shall
mutatis mutandis apply to such supplementary Final Bill.

[Link] Payment of the amount due on time Supplementary Final Bill to the extent
admitted by the OWNER shall be made within 90 (ninety) days from the date of
its certification the Engineer-in-charge.

[Link] SCHEDULE OF RATES:

[Link] The remuneration determined due to the CONTRACTOR under the provision of
Clause [Link] hereof shall constitute the entirety of the remuneration and
entitlement of the CONTRACTOR in respect of the work(s) under the Contract,
and no further or other payment whatsoever shall be or become due or payable
to the CONTRACTOR under the Contract.

[Link] Without prejudice to the generality of the provisions of Clause [Link] hereof,
the Schedule of Rates shall be deemed to include and cover:

(i) All costs, expenses, outgoings and liabilities of every nature and description
whatsoever and all risks whatsoever (foreseen or unforeseen) to be taken or
which may occur in or relative to the execution, completion, testing and/or
handing over the work to the OWNER and/or in or relative to acquisition,
loading, unloading, transportation, storing, working upon, using,
converting, fabricating, erecting any item, equipment, material or
component in or relative to the works and the CONTRACTOR shall be
deemed to have known the nature, scope, magnitude and the extent of the
works and items, materials, utilities, consumables, equipment, and
components and work, labour and services required for the proper and
complete execution of the works though the Contract Documents may not
fully and precisely set out, describe or specify them; and the generality
hereof shall not be deemed to be anywise limited, restricted or abridged
because in certain cases, the Contract Documents or any of them shall or
may and/or in other cases, they shall or may not expressly state that the
CONTRACTOR shall do or perform any particular work, labour or service or
because in certain cases, the Contract Documents state a particular work,
operation, supply, labour or service shall be performed/made by the
CONTRACTOR at his own cost or without additional payment, compensation
or charge or without entitlement of claim against the OWNER or words to
similar effect, and in other cases, they do not do so or because in cases it is
stated that the same are included in or covered by the Schedule of Rates
and in other cases, it is not so stated;

(ii) The cost of all constructional plant, equipment, supply of water and power,
construction of temporary roads and access, temporary works and facilities,
pumps, wiring, pipes, scaffolding, shuttering, and other materials,
supervision, labour, insurances, fuel, stores, spares, supplies, appliances
and other materials, items, articles and things whatsoever (foreseen or
unforeseen) to be supplied, provided or arranged by the CONTRACTOR in or
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relative to or in connection with the performance and/or execution of each
item specified in the Schedule of Rates and any related or incidental works
or operations by expression or implication involved therein or incidental
thereto. Complete in every aspect in accordance with Contract Documents,
and the plan(s) drawing(s), design(s). order(s) and/or instruction(s).

(iii) The cost of royalties, licence fees, charges, duties, penalties, levies and
damages whatsoever payable for or in respect of any protected or patented
goods, materials, equipment or processes employed in or relative to the
works and all rents, royalties, licence fees and any other fee, duty,
penalty, levy, loss or damage payable on the excavation, removal or
transportation of any material or acquisition or use of any right of way or
other rights. Licences, permits, privileges or usages required for or relative
to the performance of the works;

(iv) Customs duties, excise duties and other duties, sales tax on sale or
purchase or turnover or on Works Contract or otherwise and other direct
and indirect taxes, quay and port dues or charges and all other duties,
taxes, fees, charges, levies, octroi and/or cesses whatsoever imposed by
the Central Government or State Government or Municipal or Local Bodies
and other Authorities whatsoever payable on any materials and/or works
imported, exported, transported, supplied or performed (including
materials incorporated in the works or brought to site for the performance
of the work) without any entitlement to the CONTRACTOR for any
exemption, remission, refund or reduction thereof.

(v) The cost of all indemnities to the OWNER and insurance premia on
insurance required in terms of the Contract Documents under any law, rule
or regulation, or otherwise taken out by the CONTRACTOR and the cost of
all risks whatsoever (foreseen or unforeseen) including but not limited to
risks of delay or extension of time or reduction or increase in the work or
scope of work and/or cancellation of Contract and/or accidents, strike,
civil commotion, war, labour trouble, third party breach, fire, lightning,
inclement weather, storm, tempest, flood, earthquake and other acts of
God, Government regulation or imposition or restriction, dislocation of
road, rail and other transport, access or facilities, flooding of site and/or
access roads or approaches thereto, suspension of work, sabotage and other
cause whatsoever.

(vi) The cost of all material supplied to the OWNER and/or intended for
incorporation in the works delivered to the job site and stacked as
instructed by the Engineer-in-Charge including (but not limited to) loading,
transportation and unloading thereof, waste or materials and returns and
disposal of waste and of empties; and

(vii)All supervision charges, establishment overheads, finance charges and other

costs and expenses of and charges to the CONTRACTOR, and CONTRACTOR’s
profit of and relative to the work.

[Link] The rates stated in the Schedule of Rates shall not be subject to escalation or
increase on any account whatsoever.

[Link] ON ACCOUNT PAYMENTS AND ADVANCES:

[Link] Without prejudice to the provision of Clause [Link] hereof, the OWNER may at
its discretion by way of assistance to the CONTRACTOR, make ‘on account’
payments to the CONTRACTOR, during the progress of the work on the basis of
Running Account Bills as hereinafter more specifically mentioned.

6.4. 1.1 Monthly or otherwise as the Engineer-in-Charge may specify in this behalf, the
CONTRACTOR shall make a quantitative assessment of the work performed by
CONTRACTOR at each job site during the preceding month or other specified
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 GENERAL CONDITIONS OF CONTRACT
period and submit a Running Account Bill (in the form prescribed by the
OWNER) in quintuplicate to the Site Engineer of the work during the said
month/period with detailed measurements thereof, the said Running Account
Bill(s), to be drawn by applying unit quantities measured to the applicable
item(s) in the Schedule of Rates. The Engineer in Charge shall thereafter have
summary verification undertaken of the work and quantities entered in the
Running Account Bill(s), and shall certify the Running Account Bill(s) for
payment on basis of such verification.

[Link] Running Account Bills as specified in Clause [Link] hereof may be drawn by the
CONTRACTOR every alternate month, and an ad hoc payment made by the
OWNER in respect of the intervening month for the amount certified by the
Engineer-in-Charge on the basis of a summary assessment made by the
Engineer-in-Charge of the value performed by the CONTRACTOR during the
intervening month, such ad hoc payment(s) to be deducted from the amount(s)
certified by the Engineer-in-Charge as payable on the Running Account Bill(s)
thereafter following.

[Link] Where the Contract stipulates a lump sum as payable for the work or where a
lump sum rate is stipulated in the Schedule of Rate(s) or otherwise in respect of
any particular work or part thereof and the works are not, at any intervening
stage, capable of measurement, the Running Account Bill to be prepared by
the CONTRACTOR according to the provisions of Clause [Link] hereof shall be
prepared on the basis of a value assessment of such work as certified by the
Engineer-in-charge, as percentage of the entire work or item of work for which
the lump sum rate is stipulated.

[Link] No running Account Bill(s) shall be made and/or certified for a total value of
less than Rs.25 ,000/-(Rupees twenty five thousand only) unless otherwise
expressly agreed.

[Link] All on account payments shall be subject to deductions there from of all dues to
the OWNER, retention monies and other deductions provided for in the
Contract, and taxes and other monies deductible within the provisions of
Section 194-C of the Income-Tax Act or any other law, rule or regulation for the
time being in force.

[Link] All on account payments shall be regarded merely as advance payments against
the amount which will become due to the CONTRACTOR in terms of the
Contract, and any such payments shall be without prejudice to the full rights of
the OWNER under the Contract and to the liabilities of the CONTRACTOR
thereunder, and specifically shall not be regarded as an acceptance or
completion of any work(s) paid for in terms of any Running Account Bill or
otherwise, notwithstanding any verification or certification by the Engineer-in-
Charge in respect thereof.

[Link] The Schedule of Rate item(s) applied by the CONTRACTOR in respect of any
work in his Running Account Bill(s) and the acceptance thereof by the Engineer-
in-Charge while verifying and certifying the Bill for payment in respect of such
work or otherwise in certifying any payment within the provisions aforesaid
shall not be deemed to be binding upon the OWNER as determining the
applicable Schedule of Rate item(s) and shall be without prejudice to the rights
of the OWNER within the provisions of Clause [Link] hereof.

[Link] Unless or until and extension of time has been granted by the Engineer-in-
Charge under Clause [Link] hereof or by the OWNER under Clause [Link]
hereof on account payments made under Running Account Bills raised by the
CONTRACTOR for the works executed after the expiry of the date of final
completion of the works under the approved Progress schedule, shall be subject
to provisional withholding of an amount towards adjustment by way of discount
in the price calculated as per provisions of Clause [Link] hereof. The amount

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 GENERAL CONDITIONS OF CONTRACT
so withheld shall be adjusted towards the Price Adjustment (if any) finally
determined after completion of the works. As an alternative, the CONTRACTOR
shall have an option to provide a Bank guarantee from a schedule bank and in a
format acceptable to the OWNER for a sum equal to 10% (ten percent) of the
total contract value which shall be available for recovery of the Price Discount
(if any) finally determined after completion of the works. This Bank guarantee
shall be in addition to any other guarantee to be provided by the CONTRACTOR
and shall be valid for a period of not less than 12 (twelve) months from the
date of final completion of the works.

[Link] In Contracts of a Total Contract Value of Rs.50 lakh (Rupees fifty lakhs only)
and above, the CONTRACTOR may (if specified by him in his bid and accepted
by the OWNER) be allowed a Mobilization advance for an amount equivalent to
upto 10% (ten per cent) of the Total Contract Value, subject to the fulfillment
of the following conditions :

a) The CONTRACTOR shall have signed and sent back a copy (or copies if so
required) of the Acceptance of Tender issued by the OWNER in token of
unqualified acceptance thereof.

b) The CONTRACTOR shall have furnished the Initial Security Deposit as

stipulated in Clause [Link] and associated clauses hereof.
c) The CONTRACTOR shall have executed the formal contract in terms of the
Form of Contract.
d) The contractor shall have made a formal application for the release of the
Mobilisation Advance and shall have furnished a Bank Guarantee to cover
Mobilisation Advance from a Bank in a format approved by the OWNER.
e) The outstanding balance of the Mobilisation Advance shall carry interest at
1% (one percent) above the State Bank of India declared rate for cash credit
advances prevailing on the date of opening of Price Bids;
f) Without prejudice to any other mode of recovery available tot the OWNER,
the Mobilisation advance, together with interest thereon calculated on the
reducing balance, may be recovered at the rate of 10% (ten percent) of the
gross amount certified against each Running Account Bill, till the advance,
together with the interest accrued thereon, is recovered in full. The
unrecovered balance if any, and interest may be recovered from the Final
Bill of the CONTRACTOR and/or from any other amount due to the
CONTRACTOR under any other contract or otherwise.

g)(i) If the OWNER is satisfied that 25% (twenty five per cent) of the
Mobilisation Advance and interest accrued till then on the
Mobilisation Advance has been repaid to or recovered by the OWNER, the
OWNER may on the application of the CONTRACTOR, if the Bank Guarantee
submitted by the CONTRACTOR covers and secures only the Mobilisation
Advance, permit the CONTRACTOR to substitute the Bank Guarantee by a
Bank Guarantee acceptable to OWNER for an amount reduced by 25%
(twenty five per cent).

(ii) The provisions of paragraph (i) hereof above, shall mutatis mutandis
apply to the OWNER’s satisfaction that the CONTRACTOR has repaid 50%
(fifty per cent) and/or 75% (seventy five per cent), as the case may be, of
the Mobilisation Advance, and interest upto then accrued till then on the
Mobilisation Advance

h) All other conditions stipulated in Clause [Link] hereof shall be applicable

to the advance(s).

[Link] In addition, the OWNER may, at its discretion, allow Secured Advance(s) to the
CONTRACTOR ,against imperishable materials brought to site for incorporation
in the permanent works. Such Secured Advance(s) shall be governed by the
following conditions:

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 GENERAL CONDITIONS OF CONTRACT

(a) The decision of The OWNER as to whether or not to grant a Secured

Advance and as to what materials, if any, are imperishable for the grant of
Secured Advance and/or as to what has to be done to qualify any particular
material for the grant of Secured Advance shall be final and binding on the
CONTRACTOR

(b) The Secured Advance shall be limited to lower of the following :

(i) 75%(Seventy Five Percent) of the value of the imperishable material

brought to site for permanent incorporation in the works as assessed by
the Engineer-in-Charge, who may call for (but shall not be bound by)
the voucher(s) invoices for any such material from the CONTRACTOR,
who shall forthwith comply with the same.;
(ii) 90% (Ninety percent) of the concerned item rate for the work in which
the material is to be incorporated as set out in the Schedule of Rates.

(c) The Secured Advance shall be recovered from the subsequent Running
Account bill(s) of the CONTRACTOR, to the extent as determined by the
Engineer-in-charge (whose decision shall be final and binding upon the
CONTRACTOR) that the materials covered by the Secured Advance are
used up in or for the work(s) covered by the bill(s)

(d) Upon payment/disbursement by the OWNER to the CONTRACTOR or any

supplier of the CONTRACTOR of any Secured advance with respect to
any materials, the ownership of the said materials shall forthwith vest
in the OWNER as security for the repayment of the said advance(s)
without necessity of any further act, deed, matter or thing, and the
said materials shall be deemed to be OWNER supplied materials
entrusted to the CONTRACTOR for permanent incorporation in the
works and the provisions of Clause [Link] hereof {including sub
clauses (a) to (t) thereof shall mutatis mutandis apply thereto in the
same manner as apply to the other OWNER supplied materials, AND
before payment/ disbursement of any secured advance by the OWNER
pursuant hereto the CONTRACTOR and the Engineer-in-Charge shall
jointly sign a statement setting out and detailing the material(s) with
reference to which the advance has been reckoned title to which shall
vest in the OWNER pursuant too the provisions thereof.

(e) Notwithstanding anything provided in sub-clause (c) hereof above, the

OWNER shall be entitled (without prejudice to any other right on remedy
available to the OWNER) by written notice to the CONTRACTOR to recall
the advance or the outstanding balance thereof in the circumstances set
out in Clause [Link] hereof or if the OWNER is of the opinion that by
virtue of delay by the CONTRACTOR in the execution or completion of the
work or for any other cause, the value of the remaining material against
which the advance has been paid is insufficient to adequately secure the
outstanding balance of the advance and interest payable thereon or if
allowed to continue will become inadequate to secure the same. Should the
CONTRACTOR upon such notice fail to repay the OWNER the outstanding
balance of the said advance, it will be open to the OWNER without further
reference or notice to the CONTRACTOR to sell in whole or part(s) the
materials referred to in sub-clause (d) hereof above by private contract or
public tender or a combination thereof or otherwise as the OWNER deems
fit, and for the purpose to exercise all powers and to sign and do all acts,
deeds, matter and things as are set out in Clause [Link] hereof, and the
provisions of the said clause shall mutatis mutandis apply to such materials
in the same manner as they apply to scaffolding, wiring, pipes, surplus and
other materials, equipment and machinery covered by the said Clause.

[Link] Nothing provided in the foregoing clauses hereof shall anywise be deemed to

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 GENERAL CONDITIONS OF CONTRACT
confer any rights or entitlement on the CONTRACTOR to receive on account
payments or Advance payments of any kind whatsoever, nor shall any failure or
delay by the OWNER to make any advance or on account payment(s) as herein
envisaged or otherwise afford the CONTRACTOR a ground or basis for extension
of time for completion or otherwise relieve the CONTRACTOR from any of
its/his liabilities under the Contract, it being clearly understood that these on
account payments or advance payments are only by way of assistance to the
CONTRACTOR.

[Link] The Mobilisation Advance and the materials covered by the Secured Advance
shall be utilised by the CONTRACTOR solely for and in the execution of the
Contract and for no other purpose, and the CONTRACTOR shall satisfy the
OWNER/ Engineer-in charge in this regard whenever required, If it is found
that any of the advance(s) or materials aforesaid have been utilised by the
CONTRACTOR in whole or part for any other purpose or if the Contract is for
any reason cancelled or terminated, the OWNER may at its discretion recall the
said advances or the uncovered portion(s) thereof, as the case may be, and
without prejudice to any other right or remedy available to the OWNER recover
the same by recourse to any Bank guarantee to which the OWNER may have
recourse for the purpose.

[Link] MODE OF PAYMENT

[Link] All payment(s) by the OWNER under or in terms of the Contract shall be made
in official Indian currency only by crossed “Account Payee” cheque sent to the
registered office of the CONTRACTOR or other office notified in this behalf by
the CONTRACTOR or delivered to his authorised representative. All cheques
drawn shall be payable at the office of the OWNER’s bankers and in no case will
the OWNER be responsible if the cheque is mislaid, misappropriated or
otherwise lost or stolen.

[Link] CLAIMS BY THE CONTRACTOR

[Link] Should the CONTRACTOR consider that he is entitled to any extra payment or
compensation in respect of the works over and above the amounts due in terms
of the Contract as specified in Clause [Link] HEREOF OR SHOULD THE
contractor DISPUTE THE VALIDITY OF ANY DEDUCTIONS MADE OR THREATENED
BY THE owner FROM ANY running Account Bills, the CONTRACTOR shall
forthwith give notice in writing of his claim in this behalf to the Engineer-in-
Charge and the Site Engineer within 10(ten) days from the date of the issue of
orders or instructions relative to any works for which the CONTRACTOR claims
such additional payment or compensation or of the happening of other even
upon which the CONTRACTOR bases such claim, and such notice shall give full
particulars of the nature of such claim, grounds, on which it is based, and the
amount claimed. The OWNER shall not anywise be liable in respect of any
claim by the CONTRACTOR unless notice of such claim shall have been given by
the CONTRACTOR to the Engineer-in-charge and the Site Engineer in the
manner and within the time aforesaid and the CONTRACTOR shall be deemed to
have waived any and all claims and all his rights in respect of any claim not
notified to the Engineer-in-Charge and the Site Engineer in writing in the
manner and within the time aforesaid.

[Link] The Engineer-in-Charge and/or the Site Engineer shall be under no obligation to
reply to any notice of claim given or claim made by the CONTRACTOR within
the provisions aforesaid or otherwise or to reject the same and no omission or
failure on the part of the Engineer-in-Charge or Site Engineer to reject any
claim made or notified by the CONTRACTOR or delay in dealing therewith shall
be deemed to be an admission by the OWNER of the validity of such claim or
waiver by the OWNER of any of its rights in respect thereof, with the intent
that all such claims otherwise valid within the provisions of Clause [Link] read
with Clauses [Link] and [Link] shall be dealt with/ considered by the OWNER
at the time of submission of the Final Bill.

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[Link] Any claims of the CONTRACTOR notified in accordance with the provision of
Clause [Link] hereof as shall remain at the time of preparation of Final Bill by
the CONTRACTOR shall be separately included in the Final Bill prepared by the
CONTRACTOR in the form of a Statement of Claims attached thereto, giving
particulars of the nature of the claim, grounds on which it is based, and the
amount claimed and shall be supported by a copy(ies) of the notice(s) sent in
respect thereof by the CONTRACTOR, to the Engineer-in-Charge and Site
Engineer under Clause [Link] hereof. In so far as such claim shall in any
manner or particular be at variance with the claim notified by the
CONTRACTOR within the provision of Clause [Link] hereof, it shall be deemed
to be a claim different from the notified claim with consequence in respect
thereof indicated in Clause [Link] hereof, and with consequences in respect
of the notified claim as indicated in Clause [Link] hereof.

[Link] The OWNER shall not anywise be liable in respect of any notified claim not
specifically reflected in the Final Bill in accordance with the provisions of
Clause [Link] hereof and any and all notified claims not specifically reflected
and included in the Final Bill in accordance with the provisions of Clause
[Link] hereof shall be deemed to have been waived by the CONTRACTOR.
Further the OWNER shall have no liability in respect thereof and the
CONTRACTOR shall not be entitled to raise or include in the Final Bill any
claim(s) other than a notified claim confirming in all respects and in
accordance with the provisions of Clause [Link] hereof.

[Link] No claim(s) shall on any account be made by the CONTRACTOR after the
Final Bill, with the intent the Final Bill prepared by the CONTRACTOR shall
reflect any and all notified claims whatsoever of the CONTRACTOR against the
OWNER arising out of or in connection with the Contract or work performed by
the OCNTRACTOR there under or in relation thereto, and the CONTRACTOR
shall notwithstanding any enabling provision under any law or Contract and
notwithstanding any right of claim in quantum merut that the CONTRACTOR
could have in respect thereof, be deemed to have waived any and all such
claims not included in the Final Bill and to have absolved and discharged the
OWNER from and against the same, even if in not including the same as
aforesaid, the CONTRACTOR shall have acted under a mistake of law or fact.

[Link] Notwithstanding the existence of any claim by The CONTRACTOR in terms

hereof or otherwise, the CONTRACTOR shall continue and be bound to continue
and perform the works to completion in all respects according to the Contract
(unless the Contract or works be priorly determined by the OWNER in terms
hereof) and shall remain liable and bound in all respects under the Contract.

[Link] The payment of any sum on account to the CONTRACTOR during the
performance of any work or item of work in respect of which a claim has been
notified by the CONTRACTOR in terms of Clause [Link] hereof or the making or
negotiation of any interim arrangements in respect of the performance of such
work or item of work by the OWNER, shall not be deemed to be an acceptance
of the related claim by the OWNER, or any part or portion thereof with the
intent that any such payment shall constitute merely an interim facility or
interim assistance to the CONTRACTOR, and not an obligation upon the OWNER.

[Link] DISCHARGE OF OWNER’S LIABILITY

[Link] The acceptance by the CONTRACTOR of any amount paid by the OWNER to the
CONTRACTOR in respect of the final dues of the CONTRACTOR under the Final
Bill upon condition that the said payment is being made in full and final
settlement of all said dues to the CONTRACTOR shall, without prejudice to the
notified claims of the CONTRACTOR included in the Final Bill in accordance with
the provisions under Clause [Link] hereof and associated provisions there
under, be deemed to be in full and final satisfaction of all such dues to the
CONTRACTOR notwithstanding any qualifying remarks, protest or condition
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 GENERAL CONDITIONS OF CONTRACT
imposed or purported to be imposed by the CONTRACTOR relative to the
acceptance of such payment, with the intent that upon acceptance by the
CONTRACTOR of any payment made as aforesaid, the Contract (including the
arbitration clause) shall, subject to the provisions of Clause [Link] hereof,
stand discharged and extinguished except in respect of the notified claims of
the CONTRACTOR included in the Final Bill and except in respect of the
CONTRACTOR’ s entitlement to receive the unadjusted portion of the Security
Deposit in accordance with the provisions of Clause [Link] hereof on successful
completion of the defect liability period.

[Link] The acceptance by the CONTRACTOR of any amount paid by the OWNER to the
CONTRACTOR in respect of the notified claims of the CONTRACTOR included in
the Final Bill in accordance with the provisions of Clause [Link] hereof and
associated provisions there under, upon the condition that such payment is
being made in full and final settlement of all the claims of the CONTRACTOR
shall, subject to the provisions of Clause [Link] hereof, be deemed to be in
full and final satisfaction of all claims of the CONTRACTOR notwithstanding any
qualifying remarks, protest or condition imposed or purported to be imposed by
the CONTRACTOR relative to the acceptance of such payment with the intent
that upon acceptance by the CONTRACTOR of any payment made as aforesaid,
the Contract (including the arbitration clause) shall stand discharged and
extinguished in so far as relates to and/or concerns the claims of the
CONTRACTOR.

[Link] Notwithstanding anything provided in Clause [Link] and/or Clause [Link]

hereof the CONTRACTOR shall be and remain liable for defects in terms of
Clause [Link] hereof and for the indemnity to the OWNER in terms of Clause
[Link], and shall be and remain entitled to receive the unadjusted balance of
the Security Deposit remaining in the hands of the OWNER in terms of Clause
[Link] hereof.

[Link] FINAL CERTIFICATE

[Link] After the expiry of the defect liability period as provided for in Clause [Link]
hereof and after all the liabilities of the CONTRACTOR in respect of the
contract have been satisfied, the OWNER or The Engineer-in-Charge, shall on
the application of the CONTRACTOR, issue a Final Certificate to the
CONTRACTOR, certifying that the CONTRACTOR has performed all his
obligations in respect of the defect liability period in terms of Clause [Link]
hereof.

[Link] Upon Application for the Final Certificate, the CONTRACTOR shall be deemed to
have warranted that it/he has fully paid and satisfied all claims for work,
labour, materials, supplies, equipment and all other liabilities whatsoever
touching or affecting the Contract, and to have undertaken, to indemnify and
keep indemnified the OWNER from and against all claims, demands, debts,
liens, obligations and liabilities whatsoever arising there from or relating
thereto and upon issue of the Final Certificate, the CONTRACTOR shall be
deemed to have released, acquitted and discharged the OWNER from and
against all claims (known or unknown), liens, demands or causes of action of
any kind whatsoever arising out of or relating to the Contract or otherwise
howsoever touching or affecting the same and to have undertaken to indemnify
and keep indemnified the OWNER from and against the same.

[Link] Within 15 (fifteen) days of Application made by the CONTRACTOR in this behalf
accompanied by the Final Certificate, or within 15 (fifteen) days of the passing
of the CONTRACTOR’s Final Bill by the OWNER, whichever shall be later, the
OWNER shall pay/refund to the CONTRACTOR the unadjusted balance (if any) of
the Security Deposit for the time being remaining in the hands of the OWNER,
and upon such payment/refund, the OWNER shall stand discharged of all
obligation and liabilities to the CONTRACTOR under the Contract.

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[Link] CLAIMS OF OWNER:

[Link] No release or payments of any unadjusted balance of the Security Deposit by

the OWNER to the CONTRACTOR as aforesaid or otherwise shall be deemed or
treated as a waiver of any right(s) or claim(s) of the OWNER or shall stop or
prevent the OWNER from thereafter making or enforcing any claims or any
rights against the CONTRACTOR. The claims of the OWNER, if any, against the
CONTRACTOR shall continue to survive and shall not get extinguished
notwithstanding the issue of Final Certificate and/or the release of Security
Deposit to the CONTRACTOR.

[Link] If and where the Contract requires the CONTRACTOR to pass or pay to the
OWNER any MODVAT/CENVAT or like benefit(s), or if the OWNER is required in
terms of the Contract to pay, bear or reimburse any excise, customs or like
duties or sales or other taxes, the CONTRACTOR shall on receiving any such
benefit(s) or on obtaining or being granted any exemption, refund, rebate, set-
off or draw-back of any such duty or tax, as the case may be, forthwith pay and
pass on the OWNER the full amount or value thereof ; and if the CONTRACTOR
fails to pass on or pay to the OWNER the full amounts of the said benefit(s)
available to the OWNER, or the full amount or value of such exemption refund,
rebate, set-off, or draw-back of any such duty or tax as the case may be, the
CONTRACTOR shall be liable, to pay interest thereon @ 16% (sixteen percent)
per annum from the date the same is received or obtained by or granted to the
CONTRACTOR, and OWNER shall, without prejudice to the generality of the -
foregoing, be entitled to claim and recover the same from the CONTRACTOR as
and when the OWNER derives knowledge thereof, together with interest as
aforesaid.

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 GENERAL CONDITIONS OF CONTRACT
SECTION - 7

TERMINATION

[Link] TERMINATION:

[Link] Notwithstanding anything elsewhere herein provided and in addition to any

other right or remedy of the OWNER under the Contract or otherwise (including
the right of the OWNER to claim price discount due under the provisions of
Clause [Link] hereof or otherwise), the OWNER shall be entitled to terminate
the Contract by written notice at any time during the currency on or after the
occurrence of any one or more of the following events or contingencies, namely
:

(i) Default or failure by the CONTRACTOR of any of the obligation of the

CONTRACTOR under the Contract, including but not limited to:

(a) Failure to start the work within 10 (ten) days of handing over the
job site to the CONTRACTOR, and in the event of more than one
job site being involved, failure to start the work at each job site
involved within 10 (ten) days of handing over of the concerned job
site to the CONTRACTOR;

(b) Failure to commence any work at any job site in accordance with
the time prescribed in this behalf in the Progress Schedule;

(c) Failure to carry out on the works or any of item to meet the
Progress Schedule;

(d) Failure to provide at each job site sufficient labour, material,

equipment, machinery, temporary work and/or facilities required
for the proper and/or due execution of the work or any part
thereof;

(e) Failure to execute the works or any of item in accordance with the
Contract;

(f) Disobedience of any order or instruction of the Engineer-in-Charge

and/or Site Engineer;

(g) Negligence in carrying out the works or carrying out of work found
to be unsatisfactory by the Engineer-in-Charge;

(h) Abandonment of the works or any part thereof;

(i) Suspension of the entire works or any part thereof, for a period of
14 (fourteen) days or more without due authority from the OWNER
or Engineer-in-Charge.

(j) Commission, permission or sufferance of any other breach of any of

the terms, conditions or provisions of the Contract on the part of
the CONTRACTOR to be paid, performed and/or observed;

(k) Failure to deposit the Initial Security Deposit within 10 (ten) days of
receipt by the CONTRACTOR of Acceptance of Tender; Failure to
execute the Contract in terms of the Form of Contract forming part
of the Tender Documents within 10(ten) days of notice in this
behalf from the OWNER;

(ii) If the CONTRACTOR is incapable of carrying out the work;

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 GENERAL CONDITIONS OF CONTRACT

(iii) If the CONTRACTOR misconducts himself in any manner;

(iv) If there is any change in the constitution of the CONTRACTOR (if a firm)
or in the circumstances or organization of the CONTRACTOR, which is
detrimental to The interests of the work or the OWNER;

(v) Dissolution of the CONTRACTOR (if a firm) or commencement of

liquidation or winding up (whether voluntary or compulsory) of the
CONTRACTOR (if a company) or appointment of a receiver or manager
of any of the CONTRACTOR’s assets and/or insolvency of the
CONTRACTOR (if a sole proprietorship) or any Partner of the
CONTRACTOR (if a firm);

(vi) Distress, execution, or other legal process being levied on or upon any
of the CONTRACTOR’s goods and/or assets;

(vii) Death of a CONTRACTOR (if an individual);

(viii) If upon any change in the Partnership/constitution of a CONTRACTOR’s

organization (if a Partnership), the OWNER shall refuse to continue the
contract with the re-constituted firm;

(ix) If the CONTRACTOR or any person employed by him shall make or offer
for any purpose connected with the Contract any gift, gratuity, royalty,
commission, gratification or other inducement (whether money or in
any other form) to any employee or agent of the OWNER;

(x) If the CONTRACTOR shall sub-contract the whole or any part of the
work in contravention of the provisions of Clause [Link] hereof or the
CONTRACTOR shall assign or attempt to assign his interest or any part
thereof in the Contract.

[Link] The decision of the General Manager, as to whether any of the events/
contingencies mentioned in Clause [Link] hereof; entitling the OWNER to
terminate the Contract, has occurred or not, shall be final and binding upon the
CONTRACTOR.

[Link] The notice of termination shall set forth, in addition to a statement of the
reason(s) for terminating the contract, the time(s) and, place(s) for conducting
a survey and measurement of the work performed under the Contract up to the
date of termination for the purpose of determining the final amount(s) due to
the CONTRACTOR therefore. The reason(s) for the termination stated in the
notice of termination, shall be final and binding upon the CONTRACTOR.

[Link] For the purpose of measurements, the provisions of Clause [Link] to [Link]
hereof shall apply. Only completed items of the work shall be reckoned for the
purpose of measurements and the decision of the Engineer-in-Charge as to
whether or not any items of works have been completed for the purpose of
measurement shall be final and binding upon the CONTRACTOR. Incomplete
items of works shall be measured only on the basis of materials supplied and
the decision of the Engineer-in-Charge as to the quantity of material involved in
or relative to any incomplete works, shall be final and binding upon the
CONTRACTOR.

[Link].1 For the purpose of determining the amount due to the CONTRACTOR in respect
of the work, the provisions of Clauses [Link], [Link], [Link], [Link] and
[Link] shall apply, and the measurements taken shall for the purpose of such
accounting be deemed to be final measurements and the bill prepared by the
CONTRACTOR on the basis thereof shall be deemed to the final bill and no other
amount(s) shall be due to the CONTRACTOR in respect thereof; subject to the

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 GENERAL CONDITIONS OF CONTRACT
provisions of Clause [Link] and associated clauses thereunder with regard to
claims of the CONTRACTOR.

[Link] Within 7 (seven) days of completion of the measurements, the CONTRACTOR

shall clear the job site of all scaffolding, wiring, pipes, surplus materials,
CONTRACTOR’s labour, equipment and machinery and shall demolish, dismantle
and remove all CONTRACTOR’s site offices and quarters, and other temporary
works, structures and construction and other items and things whatsoever
brought upon or erected at the job site or on any land allotted to the
CONTRACTOR by the OWNER and not incorporated in the permanent works and
shall remove all rubbish from the job site and the land allotted to the
CONTRACTOR and shall clear, level and dress the job site and said land to the
satisfaction of the Engineer-in-Charge and shall put the OWNER in undisputed
custody and possession of the job site and all land allotted by the OWNER to
the CONTRACTOR.

[Link] Should the CONTRACTOR fail to comply with provision of Clause [Link]
hereof in the manner and within the time specified therein, the OWNER shall
have the right at the risks and costs of the CONTRACTOR in all respects to clear
the job site of all scaffolding, wiring, pipes, surplus materials, CONTRACTOR’s
labour, equipment and machinery and other materials and thing’s and/or
demolish/dismantle and remove all CONTRACTOR’s site offices and quarters
and other temporary works, constructions and erections whatsoever on or at
the job site or on any land allotted to the CONTRACTOR by the OWNER and/or
remove all rubbish from the job Site, the land allotted to the CONTRACTOR and
store, sell, dispose of and/or otherwise deal with any and all material,
equipment and machinery etc., and other items and things aforesaid and
recoveries of any demolition/dismantling as the OWNER shall in its absolute
discretion deem fit, and the CONTRACTOR shall forthwith on demand pay the
OWNER, the entirety of the costs and expenses of the OWNER relative to the
above, together with 15% (fifteen percent) thereon to cover OWNER’s
supervision, with right in the OWNER (without prejudice to any other mode of
recovery), to recover the same from the proceeds of any sale or disposal as
aforesaid or any monies of the CONTRACTOR held by the OWNER or dues of the
CONTRACTOR and the CONTRACTOR doth thereby irrevocably nominate,
constitute and appoint the OWNER (with right to the OWNER to delegate any
and all of its rights in terms hereof to such of its officer(s) and/or other
person(s) as it shall deem fit) for and on behalf of and as attorney of the
CONTRACTOR to do, commit and sign. all acts, deeds, matters and things as
shall or may be necessary to be done, committed and/or signed by the OWNER
to put into effect the provision of this clause with full right to enter into
arrangements with third parties for or relative to the storage, sales and/or
other disposal of any material, equipment and machinery, etc., and other items
and’ things and to enter into or upon’ any of the CONTRACTOR’s premises and
to break locks and other fasteners for entry thereto and generally to do all
other acts, deeds, matters and things as shall be necessary to give full effect to
the provision of this clause.

PROVIDED ALWAYS THAT

(i) The OWNER shall be entitled, without prejudice to the a foregoing and in
addition thereto, upon the CONTRACTOR failing to comply with the provisions
of Clause [Link] hereof after removing/demolishing/dismantling from the job
site or land allotted to the CONTRACTOR, any of the CONTRACTOR’s
scaffolding, wiring, pipes, materials, temporary works and other items and
things, by written notice to the CONTRACTOR, to require the CONTRACTOR to
take delivery of, lift and/or clear the same within 7 (seven) days (or such other
period as may be specified in the said notice) of date of said notice, failing
which the OWNER may abandon the same at the risk and costs of the
CONTRACTOR, and should the CONTRACTOR fail to take delivery of, lift and/or
clear the same within the period in this behalf specified in said notice, the
OWNER shall be entitled at any time thereafter to abandon the same at the
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 GENERAL CONDITIONS OF CONTRACT
risks and cost of the CONTRACTOR, whereupon (without prejudice to any other
rights of the OWNER), the OWNER shall stand absolutely discharged and
absolved in respect of all and any material, equipment, machinery and other
items and things whatsoever abandoned as aforesaid;
(ii) Notwithstanding anything to the contrary herein provided, nothing herein
stated shall constitute the OWNER as a trustee or bailee for or in respect of any
of the CONTRACTOR’s material, equipment, machinery or other items or things
removed, cleared, demolished, dismantled or abandoned as aforesaid, nor shall
the OWNER be bound in law or fact by any duty of care in respect thereof, with
the intent that all actions, dealings and disposals within the provisions of this
clause shall be exclusively at the risks and liability of the CONTRACTOR
(including relative to any loss or damage), and the OWNER shall not be
howsoever responsible, accountable or liable in respect thereof.

[Link] If, due to any cause (including, but not limited to resistance put up by the
CONTRACTOR and/or his servants or agent or sub-CONTRACTOR(s)1 or any court
order consequent upon a suit or proceedings filed by the CONTRACTOR and or
the CONTRACTOR’s servants, agents or sub-CONTRACTOR(s)), the OWNER is
unable to fully take over possession of the entire works at any or all job sites
within 7 (seven) days from the date of completion of the measurements as
contemplated above, the OWNER shall, in addition to all amounts,
compensation and/or damages recoverable from the CONTRACTOR in terms
hereof (including but not limited to OWNER’s entitlements under Clause [Link]
and Clause [Link] hereof) or otherwise, be entitled to recover from the
CONTRACTOR liquidated damages in the amount equivalent to 1% (one per
cent) of the total Contract value for each week or part thereof that the said
taking over of possession at any job site is delayed beyond the period of seven
days specified above, subject to a maximum of 5% (Five percent) of the Total
Contract Value.

[Link] Notwithstanding anything provided in Clause [Link], the OWNER shall have the
right at any time prior to the removal of the same from the job site, to take
possession of such of the CONTRACTOR’s materials at any and all job sites, as
the OWNER shall deem fit, and the CONTRACTOR shall forthwith upon being
required to do so place the OWNER in undisputed possession and custody of all
such materials opted for by the OWNER. The price payable to the CONTRACTOR
for such material shall be determined by the Engineer-in-Charge having due
regard to the condition of the materials and the cost thereof as determined by
the Engineer-in-Charge for which purpose the Engineer-in-Charge shall be
entitled to call upon the CONTRACTOR to produce the CONTRACTOR’s
accounting and other records relevant to such materials. The cost of such
materials as determined by the Engineer-in-Charge shall be final and binding on
the CONTRACTOR.

[Link] Upon termination of the Contract, the OWNER shall be entitled at the risk and
expense of the CONTRACTOR by itself or through any independent
CONTRACTOR(s) or partly by itself and/or partly through independent
CONTRACTOR(s) to complete and/or get completed to its entirety the work as
contemplated in the scope of work and to recover from the CONTRACTOR in
addition to any discounts, compensations or damages that the OWNER may in
terms hereof or otherwise be entitled (including price discount within the
provisions of Clause [Link] and liquidated damages under Clause [Link]
hereof) to the difference between the amounts as would have been payable to
the CONTRACTOR in respect of the work(s) (calculated as provided for in Clause
[Link] hereof read with the associated provisions thereunder and Clause
[Link] hereof) and the amount actually expended by the OWNER for
completion of the entire work(s) as aforesaid together with 15% (fifteen per
cent) of the said amount expended by the OWNER for completion of the entire
work(s) to cover OWNER’s supervision charges, and in the event of the latter
being in the excess of the former, the OWNER shall be entitled (without
prejudice to any other mode of recovery available to the OWNER) to recover
the excess from the Security Deposit or any monies due or becoming due to the
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 GENERAL CONDITIONS OF CONTRACT
CONTRACTOR.

[Link] No amount shall be due and payable to the CONTRACTOR upon or in the event
of termination of the Contract unless and until the entirety of the works
contemplated in the scope of work shall have been completed in all respects to
the satisfaction of the OWNER and following such completion, the Defect
Liability Period in respect thereof as herein otherwise provided for has elapsed
and all payments finally due on any account to the OWNER and/or other
CONTRACTOR(s) in respect of all liabilities in respect thereof has been
determined.

[Link] If, upon the satisfaction of the provisions of Clauses [Link] and [Link] hereof,
there shall remain in the hands of the OWNER any excess/balance after all
accounting and adjustment of all dues from the CONTRACTOR to the OWNER,
the OWNER shall forthwith pay such excess/balance to the CONTRACTOR and in
the event of the Security Deposit and other dues of the CONTRACTOR in the
hands of the OWNER being insufficient to meet the dues of the OWNER as
aforesaid the CONTRACTOR shall forthwith on demand by the OWNER pay the
OWNER the shortfall.

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 GENERAL CONDITIONS OF CONTRACT
SECTION - 8

MISCELLANEOUS

[Link] PERSONAL ACTS AND LIABILITIES:

[Link] No Director, officer or other employee of the OWNER shall anywise be

personally bound or liable to the CONTRACTOR for the acts, omissions or
obligations of the OWNER under the Contact otherwise or be personally
answerable to the CONTRACTOR for or in respect of any default or omission in
the performance of any act(s), deed(s), matter(s) or things to be observed
and/or performed by the OWNER under the Contract.

[Link] The CONTRACTOR shall not be entitled to any increase in the rate(s) mentioned
in the Schedule of Rates or any of them or to any other payment, right, benefit
or claim whatsoever, by reason of any representation, explanation, statement,
assurance or understanding given or alleged to have been given to him by any
Director, officer, or other employees of the OWNER, nor shall any Director,
officer, or other employee of the OWNER be personally liable for or in respect
of any representation, explanation, statement, assurance or understanding
given or alleged to have been given by him to the CONTRACTOR or any other
person relative to the Contract.

[Link] The CONTRACTOR shall not under any, circumstances pay or advance to any
officer(s), servant(s) or agent(s) of the OWNER any sum or money on any
account without prior authority of the OWNER in writing and any such payment
made or money advanced by the CONTRACTOR without such authority shall be
entirely at the risks of the CONTRACTOR without any liability to the OWNER in
respect thereof.

[Link]. Any money paid to any partner of the CONTRACTOR (if a firm) and any receipt,
settlement, acknowledgement of liability or other document whatsoever signed
by any one of the partners of the firm or erstwhile partner of the firm (without
notice of the cessation of his interest) or any person held out to be a partner of
the firm shall be binding upon the CONTRACTOR vis-à-vis the OWNER and shall
constitute a full release and discharge to the OWNER and/or valid settlement,
acknowledgement or obligation upon the CONTRACTOR, as the case may be,
and the OWNER shall not be concerned, with the application of any monies so
paid or the authority of the concerned partner (or erstwhile or purported
partner) vis-à-vis the other partners to make the settlement, receipt,
acknowledgement or other document(s) concerned provided always that the
OWNER shall be entitled at its discretion at any time to call upon, all the
partners of the CONTRACTOR firm to sign ally receipt, settlement,
acknowledgement or other document(s) including any receipt, settlement,
acknowledgement or other documents signed by a partner (or erstwhile or
purported partner) as aforesaid, and all the partners of the firm shall, when
called upon to do so by the OWNER, forthwith sign the receipt, order,
acknowledgement or other document required to be so signed.

[Link] TAXES

8.1. 1.0 The CONTRACTOR shall be exclusively liable for the payment of any and all
taxes now in force or hereafter imposed, increased or modified in respect of
any work done and/or materials supplied and for the payment of all
contributions and taxes for unemployment compensation, insurance and old age
pension and annuity now or hereinafter imposed by the Central or any State
Government or any authority with respect to or covered by the wages, salaries
or other compensations paid to persons employed or engaged by the
CONTRACTOR and doth hereby undertake to indemnify and keep indemnified
the OWNER from and against the same and all claims, actions, demands and
payments whatsoever against the OWNER howsoever arising therefrom or in
connection therewith.

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 GENERAL CONDITIONS OF CONTRACT

[Link] GOVERNMENT REGULATIONS:

[Link] The CONTRACTOR shall comply with and ensure strict compliance by his/its
sub-contractors and ‘agents of all applicable Central, State, Municipal and local
laws and regulations and undertakes to indemnify the OWNER from and against
all levies, damages, penalties, any payments whatsoever as may be imposed by
reason of any breach or violation of any law, rule or regulation and against all
actions, proceedings claims and demands arising therefrom and/or relative
thereto.

[Link] LABOUR LAWS AND REGULATIONS:

[Link] The CONTRACTOR shall be responsible for strict, compliance of and shall ensure
strict compliance by its sub-contractors, servants and agents of all laws, rules
or regulations having the force of law affecting the relationship of employer
and employee between the CONTRACTOR/sub-contractors and their respective
employees and/or otherwise concerning labour social welfare and provident
fund, pension, bonus, gratuity and other benefits to employees. Without
prejudice to the generality of this provision, the CONTRACTOR shall comply
with and ensure that his sub-contractors and other agencies employed by him
comply with the provisions of the Payment of Wages Act 1936, Minimum Wages
Act, 1948, Employers Liability Act, 1938, Workmen’s Compensation Act, 1923,
Industrial Disputes Act, 1947, Maternity Benefit Act, 1961, Mines Act, 1952,
Contract Labour (Abolition & Regulation) Act, 1970, Payment of Bonus Act,
Gratuity Act, Factories Act and the Employees Provident Fund and
Miscellaneous Provisions Act, 1952 as amended from time to time and all rules,
regulations and schemes framed thereunder from time to time.

[Link] The contractor and sub-contractor(s) of the CONTRACTOR shall obtain from the
authority(ies) designated in this behalf under any applicable law, rule or
regulation (including but not limited to) the Factories Act and Labour (Abolition
and Regulation) Act, 1970 (in so far--as applicable) any and all such licence(s),
consent(~), registration(s) and/or other authorisation(s) as shall from time to
time be or become necessary for or relative to the execution of the work or any
part or portion thereof or the storage or supply of any material(s) or otherwise
in connection with the performance of the Contract and shall at all times
observe and ensure due observance by the sub-contractors, servants and agents
of all terms and conditions of the said licence(s), consent(s), regulation(s) and
other authorisation(s) and laws, rules and regulations applicable thereto.
Without prejudice to the generality of this provision, the CONTRACTOR shall
obtain and ensure that his sub-contractors and other agencies employed by him
on the Work, obtain a valid Licence under the Contract Labour (Regulation &
Abolition) Act, 1970 and shall duly and faithfully observe and comply with the
provisions of the Contract Labour (Regulation & Abolition) Central Rules 1971
and other Central and State Rules as amended from time to time and applicable
to the work, and shall duly, promptly and faithfully maintain and/or cause to
be maintained all records and facilities required to be maintained and/or
provided in terms thereof or any licence granted thereunder.

[Link] The CONTRACTOR shall ensure that wages are paid by himself or by his sub-
contractors to their workmen directly without the intervention of any Jamadars
or Thekedars and that no amount by way of commission or otherwise is
deducted or recovered by the Jamadars from the wages of the workmen.

[Link] The OWNER shall be entitled at all times to carry out any check(s) or
inspection(s) of the CONTRACTOR’s facilities, records and accounts to ensure
that the provisions aforesaid are being observed by the CONTRACTOR and the
sub-contractors and that the workmen are not denied the rights and benefits to
which, they are entitled under such provisions. Any violation shall, without
prejudice to any other rights or remedies available to the OWNER, constitute a
ground for termination of the Contract as though specifically set forth under
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 GENERAL CONDITIONS OF CONTRACT
Clause [Link] thereof. -
[Link] Nothing in the Contract Documents stated shall anywise constitute any
workman/employee of the CONTRACTOR or any sub-contractor as or to be a
workman/employee of the OWNER, or place obligation or liability in respect of
any such workman/employee upon the OWNER.

[Link] The CONTRACTOR shall not employ in connection with the work, any person
below the age of 18 years.

[Link] The establishment of the CONTRACTOR shall be duly registered under the
Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the
Employees State Insurance Act, 1948 and the CONTRACTOR shall duly pay his
contributions and his employees’ contributions to the Authorities prescribed
under the said Acts and any Schemes framed thereunder in respect of all labour
employed by him for the execution of the contract.

[Link] On receiving information of any breach, non-fulfillment and/or non-observance

by the CONTRACTOR and/or his sub-contractors and other agencies engaged by
him in connection with the Works or any of the provisions or requirements of
any of the Labour Laws, rules and regulations and/or as to the inaccuracy of
any of the returns or statements furnished by the CONTRACTOR and/or his sub-
contractors and/or any records or accounts maintained by any of them with
respect to which the OWNER as the principal employer or otherwise can have a
liability, the OWNER shall be entitled to deduct from the Bills and any amount
due or becoming due to the CONTRACTOR, under this or other contract(s) with
the CONTRACTOR, any sum(s) required or estimated to be required, in its
judgment which shall be final and binding on the CONTRACTOR, for making
good or compensating for the liability or possible liability of the OWNER by
reason of the said breach, non-fulfillment or non-observance and/or inaccuracy
aforesaid.

[Link] The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against all actions, claims, demands and liabilities whatsoever under and in
respect of the breach of any of the provisions hereof and/or against any claim,
action or demand by any workman/employee of the CONTRACTOR or any sub-
contractor and/or from any liability anywise to any sub-contractor under any
law, rules or regulation having the force of law including (but not limited to)
claims against the OWNER under the Workmen’s Compensation Act, 1923, the
Employees Provident Funds and Miscellaneous Provisions Act, 1952, the
Employee’s State Insurance Act, 1948 and/or the Contract Labour (Abolition &
Regulation) Act, 1970.

[Link] The CONTRACTOR and his sub-contractors and agents employed by him for
and/or in the performance of the Works shall strictly abide by and observe the
provision of the “Contractors Labour Regulations” and the “Model Rules for
Labour Welfare” as set out in Appendix I and Appendix II to these General
Conditions of Contract, which shall be binding on the CONTRACTOR, his sub-
contractors and agents.

[Link] In the event of an irreconcilable conflict between the provisions herein and the
provisions contained in the “Contractors’ Labour Regulations” and/or the
“Model Rules of Labour Welfare” (as set out in Appendix I and Appendix II
hereto), the “Contractors’ Labour Regulations” and “Model Rules for Labour
Welfare” shall prevail to the extent of the irreconcilable conflict.

[Link] In the event of irreconcilable conflict between the “Contractors’ Labour

Regulations” and/or the “Model Rules for Labour Welfare” (set out in Appendix
I and Appendix II hereto) and any applicable law, rule or regulation, the law,
rule or regulation shall prevail over the “Contractors’ Labour Regulation”
and/or the “Model Rules for Labour Welfare”, as the case may be, and shall be
complied with.

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 GENERAL CONDITIONS OF CONTRACT

[Link] SAFETY REGULATIONS, ACCIDENT AND DAMAGE

[Link] The CONTRACTOR shall be responsible at his own cost in and relative to
performance of the work and contract to observe and to ensure observance by
his sub-contractors, agents and servants of the provisions of the Safety Code as
hereinafter appearing and all fire, safety and security regulations as may be
prescribed by the OWNER from time in time and such other precautions and
measures as shall be necessary and shall employ/deploy all equipments
necessary to protect all works, material properties, structures, equipment,
installations, communications and facilities whatsoever from damage, loss or
other hazard whatsoever (including but not limited’ to fire and explosion) and
shall during construction and other operations minimise the disturbance and
inconvenience to the OWNER, other contractors, the public and the adjoining
land and property owners and occupiers and crops, trees and vegetation and
shall indemnify and keep indemnified the OWNER from and against all losses
and damages and costs, charges and expenses and penalties, actions, claims,
demands and proceeding whatsoever suffered or incurred by or against the
OWNER as the case may be, by virtue of any loss, alteration, displacement,
disturbance or destruction or accident to any works, materials, properties,
structures, equipment, installations, communications and facilities and land
and property, owner and occupiers and crops, trees and vegetation as
aforesaid, with the intent that the CONTRACTOR shall be exclusively
responsible for any accident, loss, damage, alteration, displacement,
disturbance or destruction as aforesaid resultant directly or indirectly from any
breach by the CONTRACTOR of his obligations aforesaid or upon any operation,
act or omission of the CONTRACTOR or his sub-contractor(s) or agent(s) or
servant(s).

[Link] The CONTRACTOR’s liabilities under Clause [Link] and otherwise under the
Contract shall remain unimpaired notwithstanding the existence of any storage-
cum-erection or other insurance covering any risk, damage, loss or liability for
which the CONTRACTOR is liable to the OWNER -in terms of the foregoing sub-
clause or otherwise and/or in respect of which the CONTRACTOR has
indemnified the OWNER, with the intent that notwithstanding the existence of
such insurance, the CONTRACTOR shall be and remain fully liable for all
liabilities and obligations under the Contract and indemnities to the OWNER,
and the OWNER shall not be obliged to seek recourse under such policy(ies) in
preference to recourse against the CONTRACTOR or otherwise to exhaust any
other remedy in preference to the remedies available to it under the Contract.

[Link] INDEMNITY AND INSURANCE:

[Link] The CONTRACTOR shall be at all times indemnify and keep indemnified the
OWNER and its officers, servants and agents from and against all third party
claims whatsoever (including but not limited to property loss and damage,
personal accident, injury or death of or to property or person of -any sub-
contractor and/or the servants or agents of the CONTRACTOR or any other
contractor(s) and any sub-contractor and/or of the Owner), and the
CONTRACTOR shall at his own cost and initiative at all times up to the
successful conclusion of the defect liability period specified in Clause [Link]
hereof take out. and maintain insurance policies in respect of all insurable
liabilities under this clause, including, but not limited to third party insurance
and liabilities under the Motor Vehicles Act, 1988; Workmen’s Compensation
Act, 1923; Fatal Accidents Act, 1855; Personal Injuries (Compensation)
Insurance Act, 1963, Emergency Risk Insurance Act, and/or other Industrial
Legislation from time to time in force in India with insurance company(ies)
approved by the OWNER, and such policy(ies) shall be of not lesser limit than
the limits hereunder specified with reference in the matters hereunder
specified, namely:

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 GENERAL CONDITIONS OF CONTRACT
(a) Workmen’s Compensation Insurance - to the limit to which
compensation may be payable under the laws of the Republic of India ;
but not less than the limits specified below.

(b) Third Party Insurance- body injury and property damage to the limit
specified below:

The limits aforesaid shall be as follows :

(i) If the total contract value exceeds Rs.1(one) crore, the policy
shall be for not less than Rs.10,00,000/- (Rupees ten lakhs only)
for each accident. The sum assured shall not be less than
Rs.20,00,000/- (Rupees twenty lakhs only) for all accidents ;
and

(ii) If the total contract value does not exceed Rs.1 (one) crore,
the policy shall be for not less than Rs.3,00,000/- (Rupees three
lakhs only) for each accident. The sum assured shall not be less
than Rs.10,00,000/- (Rupees ten lakhs only) for all accidents.

Provided that the limits specified above shall operate only as a specification of
minimum limits for insurance purpose, but shall not anywise limit the
Contractor’s liability in terms of this clause to the limit(s) specified.

[Link] Should the CONTRACTOR fail to take out and/or keep afoot insurance as
provided for in the foregoing sub-clauses, the OWNER shall be entitled (but
without obligation to do so) to take out and/or keep afoot such insurance at the
cost and expense of the CONTRACTOR and without prejudice to any other right
or remedy of the OWNER in this behalf to deduct the sum(s) incurred therefore
from the dues of the CONTRACTOR.

[Link] TRAINING OF APPRENTICES:

[Link] The CONTRACTOR shall, if and when called upon the Engineer-in-Charge during
the currency of Contract, himself engage and/or procure engagement by his
sub-contractor(s) of such number of apprentices and for such period as may be
required by the Engineer-in-Charge in this behalf. Such apprentices shall be
trained in accordance -with the provisions of the Apprentices Act, 1961 and any
other Act, rule or regulation having the force of law, regulating upon the
employment of apprentices, and the CONTRACTOR shall be responsible at his
own cost and initiative and without entitlement to any extra compensation or
remuneration from the OWNER in this behalf, to fulfill all obligations of the
employer under the said Act, including liability for payment to apprentices as
required thereunder.

[Link] RECORDS AND INSPECTION

[Link] The CONTRACTOR shall, if and when required by the Engineer-in-Charge

produce or cause to be produced before the EnginEer-in-Charge or any other
officer of the OWNER designated by the Engineer-in-Charge in this behalf, for
examination, any cost or other book(s) of account and/or other records and
documents in the possession of the CONTRACTOR or any sub-contractor or
subsidiary or associated firm or Company of ~he Contractor or any sub-
contractor, and/or copies of extracts thereof and/or other information or
returns relative thereto (such returns to be verified in the manner prescribed
by the Engineer-in-Charge or other officer aforesaid designated in this behalf)
as may be required relative to the execution of the Contract or for verifying or
ascertaining the cost of any material, labour, service or item or thing
whatsoever in connection with the Contract, and the decision of the Engineer-
in-charge or other officer designated in this behalf as the case may be, as to
whether any book, record, document, Information or return is relevant for any
of the purpose aforesaid, shall be final and conclusive.

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[Link] Should the Engineer-in-Charge (whose decision in this behalf shall be final)
consider it necessary for the purpose of verifying or ascertaining the cost of
production for any item or thing to examining the works and/or records of the
CONTRACTOR or any sub-contractor(s) or any subsidiary or associated firm or
company of the CONTRACTOR engaged in the fabrication, manufacture or
assembly of any item or thing, the CONTRACTOR shall permit and/or facilitate
such inspection by the Engineer-in-Charge or other officer of the OWNER
designated in this behalf by the Engineer-in-Charge and shall afford the
Engineer-in-Charge or concerned officer all assistance as shall be necessary for
the purpose.

[Link] PATENT AND ROYALTIES:

[Link] If any equipment, machinery or materials to be used or supplied or methods or

processes to be practices or employed in the performance o this Contract is/are
covered by a patent under which the CONTRACTOR is not licensed, the
CONTRACTOR shall before supplying or using the equipment, machinery,
materials, methods or processes as the case may be, obtain such licence(s) and
pay such royalty(ies) and licence fee(s) as may be necessary in connection with
the performance of this Contract. In the event that the CONTRACTOR fails to
pay such royalty or obtain such licence, the CONTRACTOR will defend at his
own expense any Suit for infringement of patent which is brought against the
CONTRACTOR or the OWNER as a result of the failure, and shall pay any
damages and costs awarded in such suit and will keep the OWNER indemnified
from and against all other consequences thereof.

[Link] ARTICLES OF VALUE FOUND :

[Link] minerals or one of any kind or description and precious and semi-precious
stones and bearing earth, rock or strata, coins, treasures, treasure trove,
antiques and other items and things whatsoever which shall be found under or
upon the job site shall as between the CONTRACTOR and the OWNER be the
exclusive property of the OWNER and the CONTRACTOR shall forthwith upon
discovery thereof notify the OWNER of such discovery with the details of the
item(s) or things discovered and pending directions by the OWNER for the
disposal thereof shall hold and preserve the same as trustee of the OWNER to
the satisfaction of the Engineer-in-Charge.

8.10.00 MATERIALS OBTAINED FROM DISM,NTLING:

[Link] Any material obtained by the CONTRACTOR consequent upon dismantling of any
building, structure or construction whatsoever at the job site other than any
building, structure or construction dismantled by the CONTRACTOR pursuant to
the CONTRACTOR’s liabilities for defects as elsewhere herein provided, shall be
the exclusive property of the OWNER.

[Link] LIENS AND LIABILITIES:

[Link] If at any time there is evidence of any lien or claim for which the OWNER might
be-or become liable and which in terms of the Contract or otherwise is
chargeable to or payable by the CONTRACTOR, the OWNER shall have the right
to retain out of any payment then due or thereafter becoming due to the
CONTRACTOR an amount sufficient to completely indemnify the OWNER against
such lien or claim, and should the CONTRACTOR not dispute such lien or claim
and/or if in the opinion of the OWNER, such lien or claim is otherwise valid (the
Owner’s opinion in this behalf being final and binding on the CONTRACTOR), the
OWNER may pay and discharge the same and deduct the amount so paid
together with any legal and other costs, charges and expenses incurred by the
OWNER in defending any action and/or in obtaining legal advice or opinion
relative to the lien, claim or action, from any monies then due or thereafter
becoming due to the CONTRACTOR- and/or retained as aforesaid, and if there
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 GENERAL CONDITIONS OF CONTRACT
is no money due or retained as aforesaid or if the same be insufficient to satisfy
the payment(s) aforesaid, the CONTRACTOR shall on demand pay to the OWNER
time same and failing such payment within 10 (ten) days of demand by-the
OWNER in this behalf, shall be liable to pay interest on the amount due from
the date of demand up to and until the date of payment in full at the bank rate
as applicable to the OWNER pIus 1% (one percent) per annum and the provisions
hereof (in so far as such notice shall be deemed to be necessary in addition to
the contractual provisions herein) shall be deemed to constitute a notice for
the payment of interest under the provisions of the Indian Interest Act and in
determining such interest, the Certificate issued by an officer of the OWNER in
a financial department of the OWNER shall be conclusive evidence of the Bank
rate of interest applicable to the OWNER.

[Link] LIABILITIES FOR SUB-CONTRACTOR(S):

[Link] Without prejudice to any other liabilities or obligations of the CONTRACTOR

relative to sub-contractors in terms hereof or otherwise, the CONTRACTOR shall
require every sub-contractor to whom any portion of the work to be performed
under the Contract has been sub-contracted, to comply with the provisions of
the Contract in so far as applicable to each sub-contractor, and the
CONTRACTOR shall hold the OWNER harmless and indemnified from any and
against all penalties, actions, claims and demands and costs, charges and
expenses whatsoever arising out of or in connection with any failure of the
CONTRACTOR or any sub-contractor(s) to make full and proper compliance with
any of the terms and conditions of the Contract.

[Link] WAIVER

[Link] It shall always be open to the OWNER by written communication to the

CONTRACTOR to waive in whole or part any right or the enforcement of any
right or remedy which the OWNER may have against the CONTRACTOR or of any
obligation which the CONTRACTOR may have hereunder provided always that :

(i) No waiver shall be presumed or inferred unless made in a written

Communication addressed by the OWNER to the CONTRACTOR and
specifically communicated as a Waiver :

(ii) No waiver of any right or part of any right on one occasion shall be
deemed to be a waiver or abandonment of that right for all occasions
with the intent that a waiver once given shall be limited to the specific
waiver and shall be without prejudice to the right of the Owner to insist
upon the strict adherence of the attendant obligations of the
Contractor and/or the future enforcement of the right by the Owner in
respect of the same and/or any other dependent obligation.

[Link] CONTRACTOR’S ESTABLISHMENT

[Link] It is understood that the establishment of the CONTRACTOR (and any Sub-
Contractor engaged by the CONTRACTOR) constitutes an independent
establishment involving inter-aIia in undertaking works and/or services for
others of the nature and kind forming the subject matter of the Contract. It is
consequently understood that all the employees of the CONTRACTOR (and any
Sub-Contractor engaged by the CONTRACTOR) are the employees of-the
independent establishment of the CONTRACTOR or Sub-Contractor (as the case
may be) who have been and will be appointed solely for and/or with reference
to the work of that establishment, and have not been and will not be appointed
specifically or otherwise for time sole purpose of the work covered by the
present Contract. To this end, each CONTRACTOR (and Sub-Contractor engaged
by the CONTRACTOR) shall issue to each of its employees deputed to the job-
site to perform any work in relation to the Contract a regular letter of
appointment for employment in the CONTRACTOR’S Sub-Contractor’s
independent establishment, with authority in the CONTRACTOR/Sub-Contractor
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 GENERAL CONDITIONS OF CONTRACT
to employ or depute him for or in relation to any work or engagement assumed
by the CONTRACTOR/Sub-Contractor from time to time in the course of its
business and the production of a certified copy of each letter of appointment
duly acknowledged by the concerned employee shall be a pre-condition for the
issue of a Gate Pass to -any employee of the CONTRACTOR/Sub-Contractor into
any area the entry to which is restricted by the OWNER.

[Link] COLLECTION OF INDEBTEDNESS

[Link] Without prejudice to any other rights or remedies of the OWNER and in addition
to any other provisions hereof; the OWNER shall be entitled to deduct out of
the Security Deposit (including by recourse Bank Guarantee) any monies or
securities under this or any other contract(s) for the dine being of the
CONTRACTOR in its hands and out of any payments then due or becoming due in
future to the CONTRACTOR under this or any other Contract, any and all
amounts due to the OWNER from the CONTRACTOR arising out of or in
connection with the Contract.

[Link] OBSERVANCE OF ENVIRONMENTAL REGULATIONS AND ENVIRONMENTAL PROTECTION.

816.1.0 The CONTRACTOR shall ensure that its servants and agents and sub-contractors
and their servants and agents shall duly comply with all environmental laws,
rules and regulations and the conditions of any permit, permission, consent
and/or no-objection granted in this behalf by any authority with respect to or
concerning the work, and shall independently so organise and conduct its
operations and cause its sub-contractors so organise and conduct their
operations as not to -cause any hazard or pollution to health, life, property or
environment including (but not limited to) discharge of any noxious substance
or effluent into the atmosphere or into the earth or into any drain, canal,
stream, river, pond, lake or other water body.

[Link] The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against the breach, non-observance, infraction or dereliction of any of the
provisions of Clause [Link] hereof, and against any and all claims, actions or
proceedings, prosecutions and liabilities and losses and damages and costs
(including legal costs), charges and expenses whatsoever suffered or incurred or
instituted against the OWNER as the case may be.

[Link] CON FIDENTIAL HANDLING INFORMATION

[Link] The CONTRACTOR and it his employees, agents and Sub-Contractors and the
employees and agents of the Sub-Contractor(s) shall treat as strictly
confidential and shall take all steps necessary to ensure confidential handling of
all maps. plans, charts, designs, drawings; photographs, data, reports tests,
specifications, methods, and other information developed or acquired by the
CONTRACTOR from or by means of the Tender Documents or any facility
extended to die CONTRACTOR pursuant thereto or the award or performance of
the works or any of them or otherwise disclosed or made available to the
CONTRACTOR or any of the aforesaid persons. and shall not disclose or
reproduce the same in - any book, article, speech or other publication,
provided always that the OWNER may upon application by the CONTRACTOR to
the OWNER in this behalf permit report, disclosure or re-production of the same
in any book, article, speech or other publication if it is satisfied that this would
not involve the disclosure of any classified or other information which would
not be in the interest of public or security to disclose.
[Link] Application for such consent shall be submitted to the OWNER in writing
outlining tile intended use of the relative material and shall be submitted to
the OWNER at least one month prior to the expected use accompanied by tire
text of the relative publication in which it is sought to be used. Photographs
should be accompanied by their caption. An application shall not be understood
to have been permitted unless expressly permitted in writing by the OWNER.

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 GENERAL CONDITIONS OF CONTRACT

SECTION - 9

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION MACHINERY

[Link] ARBITRATION

[Link] Subject to the provisions of Clauses [Link], [Link] and [Link] hereof, any
dispute arising out of a Notified Claim of the CONTRACTOR included in the Final
Bill of (lie CONTRACTOR in accordance with the provisions of Clause [Link]
hereof, if the CONTRACTOR has not opted for the Alternative Dispute
Resolution Machinery referred to in Clause [Link] hereof, and any dispute
arising out of any Claim(s) of the OWNER against the CONTRACTOR shall be
referred to the arbitration of a Sole Arbitrator selected in accordance with the
provisions of Clause [Link] hereof. It is specifically agreed that the OWNER
may prefer its Claim(s) against the CONTRACTOR as counterclaim(s) if a
Notified Claim of the CONTRACTOR has been referred to arbitration. The
CONTRACTOR shall not, however, be entitled to raise as a set off defence or
counterclaim any claim which is not a Notified Claim included in the
CONTRACTOR’s Final Bill in accordance with the provisions of Clause [Link]
hereof.

[Link] The Sole Arbitrator referred to in Clause [Link] hereof shall be selected by the
CONTRACTOR out of a panel of 3 (three) persons nominated by the OWNER for
the purpose of such selection, and should the CONTRACTOR fail to select an
arbitrator within 30 (thirty) days of the panel of names of such nominees being
furnished by the OWNER for the purpose, the Sole Arbitrator shall be selected
by the OWNER out of the said panel.

[Link] Any dispute(s) or difference(s) with respect to or concerning or relating to any

of the following matters are hereby specifically excluded from the scope,
purview and ambit of this Arbitration Agreement with the intention that any
dispute or difference with respect to any of the said following matters and/or
relating to the Arbitrator s or Arbitral Tribunal’s jurisdiction with respect
thereto shall not and cannot form the subject matter of any reference or
submission to arbitration, and the Arbitrator or the Arbitral Tribunal shall have
no jurisdiction to entertain the same or to render any decision with respect
thereto, and such matter shall be decided by the General Manager prior to the
Arbitrator proceeding with or proceeding further with the reference. The said
excluded matters are:

(i) With respect to or concerning the scope or existence or otherwise of

the Arbitration Agreement:

(ii) Whether or not a Claim sought to be referred to arbitration by the

CONTRACTOR is a Notified Claim;

(iii) Whether or not a Notified Claim is included in the CONTRACTOR’s Final

Bill in accordance with the provisions of Clause [Link] hereof.

(iv) Whether or not the CONTRACTOR has opted for the Alternative Dispute
Resolution Machinery with respect to any Notified Claim included in the
CONTRACTOR’s Final Bill.

[Link] The provisions of the Indian Arbitration & Conciliation Act, 1996 and any re-
enactment(s) and/or modification(s) thereof and of the Rules framed
thereunder shall apply to arbitration proceedings pursuant hereto subject to
the following conditions:

(a) The Arbitrator shall give his Award separately in respect of each Claim
and Counter-Claim; and

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 GENERAL CONDITIONS OF CONTRACT
(b) The Arbitrator shall not entitled to review any decision, opinion or
determination (howsoever expressed), which is stated, to be final
and/or binding on the CONTRACTOR in terms of tire Contract
Documents.
[Link] The venue of the arbitration shall be Mumbai provided that the Arbitrator may
with the consent of the OWNER and the CONTRACTOR agree upon any other
venue.

[Link] ALTERNATIVE DISPUTE RESOLUTION MACHINERY

[Link] Subject to the provisions of Clause [Link] hereof, the CONTRACTOR may as
alternative to reference to arbitration under Clause [Link] with respect to
its/his Notified Claims included in the CONTRACTOR’s Final Bill in accordance
with Clause [Link], opt for the Alternative Dispute Resolution Machinery
herein provided, and upon the exercise of such option, the CONTRACTOR shall
be deemed to have waived his right (if any) of arbitration with respect to such
Claim(s).

[Link] The option of adopting alternative dispute resolution machinery shall be

exercised by the CONTRACTOR by making a written communication to the
General Manager informing him of its/his decision to adopt the Alternative
Dispute Resolution Machinery. The Alternative Dispute Resolution Machinery
shall consist of a Committee (the Committee) of three members selected by the
CONTRACTOR from a panel of 5 (five) persons nominated by the General
Manager at the request of the CONTRACTOR in order to enable the
CONTRACTOR to exercise its option contemplated in Clause [Link] hereof.

[Link] The CONTRACTOR shall not refuse to make a selection within the provisions of
Clause [Link] hereof nor after making a selection shall be entitled to contest
or otherwise refuse to be bound by tire decision of the Alternative Dispute
Resolution Machinery referred to hereinabove on the ground that one or more
or all the persons nominated by the General Manager for selection of the
Committee are employees of the OWNER or is or are otherwise connected with
the OWNER and/or have otherwise previously dealt with the matter.

[Link] Upon appointment of the Committee, the exercise of the option by the
CONTRACTOR to opt for the Alternative Dispute Resolution Machinery shall be
deemed to be complete with consequences m this behalf specified in Clause
[Link] hereof,

[Link] The Committee shall not constitute an arbitral tribunal and shall not act as
arbitrators but shall act as an expert body which shall not be bound by any rule
or procedure of natural justice or to hear the parties, but shall be entitled to
adopt and regulate its own procedure, to consult such experts arid other
persons as it deems fit (even behind the back of the Parties or any of them),
and to hear the Parties separately or not at all, and the proceedings of the
Arbitration and Conciliation Act, 1996 shall be inapplicable to its proceedings.

[Link] The Committee shall examine the Notified Claims of the CONTRACTOR included
in its/his Final Bill in accordance with the provisions of Clause [Link] hereof
and the claims/counter-claims of the OWNER and endeavour to mediate a
settlement thereof failing which the Committee shall render its decision
thereon.

[Link] The decision rendered by tile Committee shall be in writing and shall be final
and binding upon the OWNER and the CONTRACTOR. The said decision shall not
be required to be supported by any reason and need not be rendered separately
in respect of any claim.

[Link] GENERAL

[Link] The CONTRACTOR shall not refuse to make a selection within the provisions of
Clause [Link] hereof nor after making a selection shall be entitled to contest

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 GENERAL CONDITIONS OF CONTRACT
the Award or otherwise refused to be bound by the decision of the Arbitrator
or of the Alternative

Dispute Resolution Machinery referred to in Clause [Link] hereof on the ground

that one or more or all the persons nominated by the OWNER for selection of
the Sole Arbitrator or appointed by the OWNER to constitute the Committee is
or are employees of the OWNER or is or are otherwise connected with the
OWNER.

[Link] Notwithstanding the existence of any arbitration or the adoption of the

Alternative Dispute Resolution Machinery in terms hereof or otherwise, the
CONTRACTOR shall continue and be bound to continue and perform all its/his
outstanding obligations in all respects under the Contract (unless the Contract
is determined by the OWNER), and the CONTRACTOR shall remain liable and
bound in all respects under the Contract.

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 GENERAL CONDITIONS OF CONTRACT
SECTION - 10

SAFETY CODE
[Link] GENERAL :

[Link] CONTRACTOR shall adhere to safe construction practice and guard against
hazardous and unsafe working conditions and shall comply with OWNER’s safety
rules as set forth herein.

[Link] In addition, the Contractor shall adhere to and be bound by the “Safety
Practices During Construction” (OISD-GDN-l92) formulated by the Oil industry
Safety Directorate from time to tune. A copy of the existing “Safety Practices
During Construction” as presently formulated by the Oil industry Safety
Directorate is annexed hereto as Appendix Ill.

[Link] In the event of any irreconcilable conflict between the ‘Safety Practices During
Construction” prescribed by the Oil Industry Safety Directorate and the Safety
provisions set out herein, the “Safety Practices During Construction”
established by the Oil Industry Safety Directorate shall prevail to the extent of
the irreconcilable conflict.

[Link] FIRST AID AND INDUSTRIAL INJURIES:

[Link] CONTRACTOR shall maintain first aid facilities for its employees and those of its
sub-contractors.

[Link] CONTRACTOR shall make outside arrangements for ambulance service and for
the treatment of industrial injuries. Names of those providing these services
shall be furnished to Engineer-in-charge prior to start of construction, and their
telephone numbers shall be prominently posted in CONTRACTOR’s field office.

[Link] Al] critical industrial injuries shall be reported promptly to Engineer-in-charge,

and a copy of CONTRACTOR’s report covering each personal injury requiring the
attention of a physician shall be furnished to OWNER.

[Link] GENERAL RULES :

[Link] Carrying/Striking of matches lighters insider the refinery area, smoking within
the refinery, tank, farm, or dock limits are strictly prohibited. Violators of the
“No Smoking” rules shall be discharged immediately. Within the operation area,
no hot work shall be permitted without valid gas safety/fire permits. The
CONTRACTOR shall be held and responsible for all lapses of his sub-
contractors/employees in this regard.

[Link] CONTRACTOR’S BARRICADES

[Link] CONTRACTOR shall erect and maintain barriers required in connection with his
operation to guard or protect:

(i) Excavation

(ii) Hoisting areas

(iii) Areas adjudged hazardous by CONTRACTOR’s or OWNER’s inspectors.

(iv) OWNER’s existing property liable to damage by CONTRACTOR’s

operations, in the opinion of Engineer-in-Charge/ Site Engineer.

(v) Railroad unloading spots.

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 GENERAL CONDITIONS OF CONTRACT
[Link] CONTRACTOR’s employees and those of its sub-contractors shall become
acquainted with OWNER’s barricading practice and shall respect the provisions
hereof.

[Link] Barricades and hazardous areas adjacent to but not located in normal routes of
travel shall be marked by red flasher lanterns at nights.

[Link] SCAFFOLDING:

[Link] Suitable scaffolding shall be provided for workmen for all works that cannot
safely be done from the ground or from solid construction except such short
period work as can be done safely from ladders. When a ladder is used, an
extra mazdoor shall be engaged for holding the ladder and if the ladder is used
for carrying materials as well suitable footholds and handholds shall be
provided on the ladder and the ladder shall be given an inclination not steeper
than 1 in 4 (1 horizontal 4 vertical)

[Link] Scaffolding or staging than 12’, above the ground floor, swing or suspended
from an overhead support or erected with stationary support shall have a guard
rail properly attached, bolted, braced and otherwise rewinded ‘at least 3’, high
above the floor or platform of scaffolding or staging and extending along the
entire length of the outside and ends thereof with only such openings as may be
necessary for the delivery of mate7rials. Such scaffolding or staging shall be so
fastened as to prevent it from swaying from the building or structure.

[Link] Working platform, gangways and stairways should be so constructed that they
should not sag unduly or unequally and if the height of the platform or the
gangway or the stairway is more than 12’, above ground level or floor level,
they should be closely boarded, should have adequate width and should be
suitably fastened as described in Clause [Link] above.

[Link] Every opening in the floor of a building or in a working platform be provided

with suitable means to prevent the fall of persons or materials by providing
suitable fencing or railing whose minimum height shall be 3 feet.

[Link] Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed. No portable single ladder
shall be over 30’ in length while the width between the side rails in rung ladder
shall in no case be less than 11.5” for ladder up to and including 10’ in length
for longer ladders this width would be increased at least ¼” for each additional
foot of length. Uniform step spacing shall not exceed 12”. Adequate
precautions shall be taken to prevent danger from electrical equipment. No
materials on any of the site of work shall be so stacked or placed as to cause
danger or inconvenience to any person or public. The CONTRACTOR shall also
provide all necessary fencing and lights to protect the workers and staff from
accidents, and shall be bound to bear the expenses of defence of every suit,
action or other proceedings, as law that may be brought by any person for
injury sustained owing to neglect of the above precautions and to pay damages
and costs which may be awarded in any such suit or action or proceedings to
any such person, or which may with the consent of the CONTRACTOR be paid to
compromise any claim by any such person.

[Link] EXCAVATION AND TRENCHING:

[Link] All trenches 4’ or more in depth, shall at all times be supplied with at least one
ladder for each 100’ length or fraction thereof.
[Link] Ladder shall be extended from bottom of the trench to at least 3’3” above the
surface of the ground. The site of the trenches, which is 5’ or more in depth,
shall be stepped back to give suitable slope, or securely held by timber bracing,
so as to avoid the danger of sides to collapse.

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 GENERAL CONDITIONS OF CONTRACT
The excavated material shall not be placed within 5’ of the edge of the trench
or half of trench depth whichever is more. Cutting shall be done from top to
bottom. Under no circumstances shall undermining or undercutting be done.

[Link] DEMOLITION

[Link] Before any demolition work is commenced and also during the process of the
work all roads and open area adjacent to the work site shall either be closed or
suitably protected.

[Link] No electric cable or apparatus, which is liable to be a source of danger over a

cable or apparatus used by the operator, shall remain electrically charged.

[Link] All practical steps shall be taken to prevent danger to persons employed, from
risk of fire e or explosion or flooding. No floor, or other part of the building
shall be so overloaded with debris or material as to render it unsafe.

[Link] SAFETY EQUIPMENT

[Link] All necessary personal safety equipment as considered adequate by the

Engineer-in-charge should be made available for the use to the persons
employed on the site and maintained in a condition suitable for immediate use,
and the CONTRACTOR should take adequate steps to ensure proper use of
equipment by those concerned.

[Link] Workers employed on mixing asphaltic materials, cement and lime mortars shall
be provided with protective footwear and protective goggles.

[Link] Those engaged in white washing and mixing or stacking of cement bags or any
materials which are injurious to the eyes shall be provided with protective
goggles.

[Link] Those engaged in welding and cutting works shall be provided with protective
face and eyeshields, and gloves, etc.

[Link] Stonebreakers shall be provided with protective goggles and protective clothing
and seated at sufficiently safe intervals.

[Link] When workers are employed in sewers and manholes, which are in use, the
CONTRACTOR shall ensure that the manhole covers are opened and are
ventilated at least for an hour before the workers and allowed to get into the
manholes, and the manholes so opened shall be cordoned off with suitable
railing and provided with warning signals or boards to prevent accident to the
public.

[Link] The CONTRACTOR shall not employ men below the age of 18 years and women
on the work of painting or products containing lead in any form. Wherever men
above the age of 18 years are employed on the work of lead painting, the
following precautions should be taken :

[Link] No paint containing lead product shall be used except in the form of paste or
readymade paint.

[Link] Suitable facemasks shall be supplied for use by the workers when paint is
applied in the form of spray or a surface having lead paint dry rubbed and
scrapped.

[Link] Overalls shall be supplied by the CONTRACTOR to workmen and adequate

facilities shall be provided to enable the working painters to wash during and
on cessation of work.

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 GENERAL CONDITIONS OF CONTRACT

[Link] RISKY PLACES:

[Link] When the work is done near anyplace where there is a risk of drowning, all
necessary safety equipments shall be provided and kept ready for use and all
necessary steps taken for prompt rescue of any Person in danger and adequate
provision should be made for prompt first aid treatment of all injuries likely to
be sustained during the course of the work.

[Link] HOISTING EQUIPMENT:

[Link] Use of hoisting machines and tackle including their attachments, anchorage and
supports shall conform to the following standards or conditions:

[Link] These shall be of good mechanical construction, sound materials and adequate
strength and free from patent defect and shall be kept in good condition and in
good working order.

[Link] Every rope used in hoisting or lowering materials or as a means of suspension

shall be of durable quality and adequate strength and free from patent detects.

[Link] Every crane driver or hoisting appliance operator shall be properly qualified and
no person under the age of 21 years should be in charge of any hoisting
machine including any scaffolding winch or give signals to the Operator.

[Link] In case of every hoisting machine and of every chain ring hook, shackle, swivel
and pulley block used in hoisting or lowering or as means of suspension, the
safe working load shall be ascertained by adequate means. Every hoisting
machine and all gear referred to above shall be plainly marked with the safe
working load and the condition under which it is applicable shall be clearly
indicated. No part of any machine or any gear referred to above in this
paragraph shall be loaded beyond the safe working load except for the purpose
of testing.

[Link] In case of departmental machine, the safe working load shall be notified by the
Engineer-in-Charge. As regards CONTRACTOR’5 machines, .the CONTRACTOR
shall notify the safe working load of the machine to the Engineer-in-charge,
whenever he brings any machinery ’ to site of work and get it verified by the
Engineer-in-charge concerned.

[Link] ELECTRICAL EQUIPMENT:

[Link] Motor, Gearing, Transmission, wiring and other dangerous parts of hoisting
appliances shall be provided with efficient safeguards, hoisting appliance
should be provided with such means as will reduce to the minimum, the risk of
accidental descent of the load, adequate precautions shall be taken to reduce
to the minimum the risk of any part of a suspended load becoming accidentally
displaced. When workers are employed on electrical installations, which are
already energised, insulating mats, wearing apparel, such as gloves and boots
as may be necessary shall be provided. The workers shall not wear any rings,
watches and carry keys or other materials which are goods conductors of
electricity.

[Link] MAINTENANCE OF SAFEY DEVICES:

[Link] All scaffolds, Ladders and other safety devices mentioned or described herein
shall be maintained in safe conditions at-id no scaffold, ladder or equipment
shall be altered or removed while it is in use. Adequate washing facilities
should be provided at or near place of work.

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[Link] DISPLAY OF SAFETY INSTRUCTIONS:
[Link] These safety provisions should be brought to the notice of all concerned by
display on a notice board at a prominent place at the work spot. The person
responsible for compliance of the safety code shall be named therein by the
CONTRACTOR.

[Link] ENFORCEMENT OF SAFETY REGULATIONS:

[Link] To ensure effective enforcement of the rules and regulations relating to safety
precautions the arrangements made by the CONTRACTOR shall be open to
inspection by the Welfare Officer, Engineer-in-charge or Safety Engineer of the
OWNER or their representatives.

[Link] NO EXEMPTION

[Link] Notwithstanding the above Clauses [Link] to [Link] there is nothing in

these to exempt the CONTRACTOR from the operations of any other Act or rules
in force in the Republic of India.

[Link] The works throughout including any temporary works shall be carried on in such
a manner as not to interfere in any way whatsoever with the traffic on any
roads or footpaths, at the site or in the vicinity thereto or any existing works
whether the property of the OWNER or of a third party.

[Link] In addition to the above, the CONTRACTOR shall abide by the safety code
provision as per CPWD Safety Code framed from time to time.

[Link] The CONTRACTOR shall also arrange to obtain valid gate passes for his men and
equipment from the concerned authorities of the Refinery/Project

[Link] No man/material/equipment not covered by valid passes shall be permitted

within the Refinery/Project area and no material/equipment shall be permitted
to be taken out of the Refinery/Project area, unless authorised by the
concerned authorities of the Refinery Project. The CONTRACTOR shall be held
fully responsible for any or all delays/losses/damages that may result
consequent on any lapses that may occur on the part of his sub-
contractors/employees in this regard.

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APPENDIX - I To GENERAL CONDITIONS OF CONTRACT

CONTRACTORS’ LABOUR REGULATIONS

(Reference: Clause [Link] of GCC)

1. These regulations may be called Model Contractors Labour Regulations.

2. Definition : In these regulations, unless otherwise expressed or indicated, the

following words and expressions shall have the meaning hereby assigned to
them :

(a) “Labour” means workers-employed by a contractor, directly or indirectly

through a subcontractor, or by an agent on his behalf to do any skilled, semi-
skilled or unskilled manual, supervisory, technical or clerical work.

(b) “Fair Wage” means wages, which shall include wages for weekly day of rest and
other allowances, whether for time or piece work, after taking into
consideration prevailing market rates for similar employments in the
neighborhood but shall not be less than the minimum rates of wages fixed
under the payment of Minimum Wages Act.

(c) “Wages” shall have the same meaning as defined in the Payment of Wages Act.

(d) “Contractor” for the purpose of these regulations shall include an agent or sub-
contractor employing labour on the work taken on the contract.

(e) “Inspecting Officer” means any Labour Enforcement Officer or Assistant

Labour Commissioner of the Chief Labour Commissioner’s Organisation.

(f) “Prescribed” means prescribed under the Contract Labour (Regulation and
Abolition) Act, 1970 and Rule framed thereunder.

3. Notice of commencement: The Contractor shall within SEVEN days of

commencement of the work, furnish in writing, to Inspecting Officer of the
area concerned the following information:

(a) Name and Situation of the work.

(b) Contractor’s name and address.
(c) Particulars of the Department for which the work is undertaken.
(d) Name and address of sub-contractors as and when they are appointed.
(e) Commencement and probable duration of the work.
(f) Number of workers employed and likely to be employed.
(g) “fair wages” for different categories of workers.
(i) Number of hours of work to constitute a normal working day : The number of
hours which shall constitute a normal working day for an adult shall be NINE
hours. The working day of an adult worker shall be so arranged that it is
inclusive of intervals, if any, for rest, it shall not spread over more than twelve
hours on any day. When a worker is made to work for more than NINE hours on
any day or for more than FORTY EIGHT hours in a week, he shall, in respect of
overtime work, be paid wages at double the ordinary rate of wages.

(ii) Weekly day of rest : Every worker shall be given a weekly day of rest which
shall normally be a Sunday unless otherwise fixed and notified at least TEN days
in advance. A worker shall not be required or allowed to work on the weekly
rest day unless he has or will have a substituted rest day, on one of the five
days immediately before or after the rest day, provided that no substitution
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shall be made which will result in the worker working for more than ten days
consecutively without a rest day for a whole day.

4. Where, in accordance with the foregoing provisions, a worker works on the rest
day and has been given a substituted rest day, he shall be paid wages for the
work done on the weekly rest day at the overtime rate of wages.

(NOTE : The expression “ordinary rate of wages” means the fair wage the
worker is entitled to.)

5. Display of notice regarding Wages, Weekly Day of Rest etc. : The contractor
shall, before the commencement of his work on the Contract, display and
correctly maintain and continue to display and correctly maintain in a clean
and legible condition in conspicuous places on the works, notice in English and
in the local Indian language, spoken by majority of workers, giving the rate of
fair wages, the hours of work for which such wages are payable, the weekly
rest days workers are entitled to and name and address of the Inspecting
Officer. The Contractor shall send a copy of each of such notices to the
Inspecting Officers.

6.1 Fixation of Wage Periods The Contractor shall fix wage periods in respect of
which wages shall be payable. No wage period shall normally exceed one
month.

6.2 Payment of wages:

(i) Wages due to every worker shall be paid to him direct. All wages shall be paid
in current coins or currency or in both. The wages shall be paid without
deductions of any kind except those specified by Central Government by
General Order or Special Order in this behalf or permissible under the Payment
of Wages Act.

(ii) Wages of every worker employed as contract labour in an establishment

or by Contractor are less than one thousand, such workers shall be paid
within SEVEN days from the end of the Wage period; and before the
expiry of the 10th day from the end of the wage period accordingly as
the number of workers exceed 1,000.

(iii) When employment of any worker is terminated by or on behalf of the

Contractor, the wages earned by him shall be paid before expiry of the
second working day from the date on which his employment is
terminated.

(iv) All payment of wages shall be made at the work site on a working day
except when the work is completed before expiry of the wage period,
in which case final payment shall be made at the work site within 48
hours of the last working day and during normal time.

(NOTE : The term “working day” means a day on which labour is employed,
and the work is in progress)

7. Register for Workmen : A register of workmen shall be maintained in the

prescribed form and kept at the work site or as near to it as possible, and the
relevant particulars of every workmen shall be entered therein within THREE
days of his employment..

8. Employment Card : The Contractor shall issue an employment card in the Form
appended to these regulations to each worker on the day of work or entry into
his employment. If a worker already has any such card with him issued by the
previous employer, the Contractor shall merely endorse that Employment Card
with relevant entries. The Contractor may, alternatively, issue an attendance-
cum-wage slip to each worker in the form appended. This card shall be valid for

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a wage period. The Contractor shall mark attendance on the cards twice each
day and again after the rest interval, before he actually starts the work. On
termination of employment, the Employment Card shall again be endorsed by
the Contractor, service certificate issued and returned to the Worker.

9. Register of Wages etc.

(i) A register of Wages-cum-Mutster Roll in the prescribed Form shall be

maintained and kept at the work site or as near to it as possible.

(ii) A wage slip in the prescribed Form shall be issued to every worker
employed by the Contractor at least a day prior to disbursement of
wages.

10. Fines and deductions, which may be made from Wages:

(i) Wages of a worker shall b~ paid to him without any deduction of any
kind except the following:
(a) Fines;

(b) Deduction for absence from duty, i.e. from the place of his
employment he is required to work. The amount of deductions
shall be in proportion to the period for which he was absent ;

(c) Deduction for damage to or loss of goods expressly entrusted to

the employed person for custody, or for loss of money which
he is required to account for, where such damage or loss is
directly attributable to his neglect or default

(d) Deductions for recovery of advances or for adjustment of

overpayment of wages. Advance granted shall be entered in a
register ; and

(e) Any other deduction which the Corporation may from time to
time allow.

(ii) No fines shall be imposed on any worker say in respect of such acts and
omissions on his part as have been approved by the Chief Labour
Commissioner or Competent Authority.

(iii) No fine shall be imposed on a worker and no deductions for damage or

loss shall be made from his wages until the worker has been given an
opportunity of showing cause against such fines or deductions.

(iv) The total amount of fines which may be imposed in any one wage
period on a worker shall not exceed an amount equal to three paise in a
rupee of the wages payable to him in respect of that wage period.

(v) No fine imposed on a worker shall be recovered from him in

installments, or after expiry of sixty days from the date on which it was
imposed. Every fine shall be deemed to have been imposed on the day
of the at or omission in respect of which it was imposed.

(vi) The Contractor shall maintain both in English and the local Indian
language, a list approved by the Chief Labour Commissioner or
Competent Authority clearly stating the acts and commissions for which
penalty or fine may be imposed on a workman and display it in good
condition in a conspicuous place on the work site.

(vii) The Contractor shall maintain a register of fines and the register of
deductions for damage or loss in the prescribed Forms which should be
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kept at the place of work.
(viii) The Contractor shall display in a conspicuous place of work the list of
acts and omissions for which the tines can be imposed. They are as
under :

1. Willful insubordination or disobedience, whether alone or in

combination with other.
2. Theft, fraud or dishonest in connection with the Contractors
beside a business or property of Corporation.
3. Taking or giving bribes or any illegal gratification.
4. Habitual late attendance.
5. Drunkenness, fighting, riotous or disorderly or indifferent
behaviour.
6. Habitual negligence.
7. Smoking near or around the area where combustible or other
materials are locked.
8. Habitual indiscipline
9. Causing damage to work in the progress or to property of the
Corporation or of the Contractor.
10. Sleeping on duty.
11. Malingering or slowing down work.
12. Giving of false information regarding name, age, father’s name
etc.
13. Habitual loss of wage cards supplied by the employers.
14. Unauthorised use of employer’s property of manufacture or
making of unauthorized articles at the work place.
15. Bad workmanship in construction and maintenance by skilled
workers which is not approved by the Corporation and for which
the Contractor is compelled to undertake rectification.
16. Making false complaints andlor misleading statements.
17. Engaging on trade within the premises of the establishments.
18. Any unauthorised divulgence of business affairs of the
employers.
19. Collection or canvassing for the collection of an money within
the premises of an establishment unless authorised by the
employer.
20. Holding meeting inside the premises without previous sanction
of the employers.
21. Threatening or intimidating any workmen or employer during
the working hours within the premises.
22. Non-observance of Safety norms/practices applicable to the
Worksite.

11. Register of Accidents: The Contractor shall maintain a register of accidents in

such form as may be convenient at the work place but the same shall include
the following particulars
(a) Full particulars of the labourers who met with accident.
(b) Rate of wages.
(c) Sex
(d) Age
(e) Nature of accident and cause of accident
(f) Time and date of accident
(g) Date and time when admitted in hospital
(h) Date of discharge from the hospital
(i) Period of treatment and result of treatment
(j) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.
(k) Claim required to be paid under Workmen’s Compensation Act.
(l) Date of payment of compensation
(m) Amount paid with details of the person to whom the same was paid.
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 GENERAL CONDITIONS OF CONTRACT
(n) Authority by whom the compensation was assessed
(o) Remarks
12. Preservation of Registers: The Register of Workmen and the Register of Wages -
cum-Muster Roll required to be maintained under these Regulation shall be
preserved for 3 years after the date on which the last entry is made therein.

13. Enforcement : The Inspecting Officer shall either, on his own motion or on a
complaint received by him, carry out investigations and send a report to the
Engineer-in-charge specifying the amounts representing Workers’ dues and
amount of penalty to be imposed on the Contractor for breach of these
Regulations, that have to be recovered from the Contractor, indicating full
details-of the recoveries proposed and the reasons therefore. It shall be
obligatory on the part of the Engineer-in-charge on receipt of such a report to
deduct such amounts from payments due to the Contractor.

14. Disposal of amounts recovered from the Contractor : The Engineer-in-charge

shall arrange payment to workers concerned within FORTY FIVE days from
receipt of a report from the Inspecting Officer. In cases which there is an
appeal, payment of workers dues would be arranged by the Engineer-in-charge
wherever such payments arise, within THIRTY-days from the date of recent of
the decision of the Regional Labour Commissioner (RLC).

15. Appeal against decision of Inspecting Officer : Any person aggrieved by a

decision of the inspecting Officer may appeal against such decision to the RLC
concerned within THIRTY days from the date of decision, forwarding
simultaneously a copy of his appeal to the Engineer-in-charge. The decision of
the RLC shall be final and binding upon the Contractor and the workmen.

16. Representation of parties:

(i) A workmen shall be entitled to be represented in any investigation or

enquiry under these Regulations by an officer of a registered trade
union of which he is a member or by an officer of a federation of Trade
Unions to which the said trade union is affiliated or where the workman
is not a member of any registered trade union, by an officer of a
registered trade union connected with, or by any other workman
employed in the industry in which the worker is employed.

(ii) A contractor shall be entitled to be represented in any investigation of

enquiry under these Regulations by ad officer of an Association of
Contractors of which he is a member or by an officer of a Federation of
Association of Contractors to which the said association is affiliated or
where the Contractor is not a member of any Association of
Contractors, by an officer of association of employers, connected with,
or by any other employer engaged in, the industry in which the
Contractor is engaged.

(iii) No party shall be entitled to be represented by a legal practitioner in

any investigation or enquiry under these Regulations.

17. Maternity benefits for female employees : The Contractor shall extend the
leave, pay and other benefits as admissible to the female employees. No
maternity benefits shall he admissible to a female worker unless she has been
employed for a total period of not less than 6 months immediately proceeding
the date on which she proceeds on leave. The Contractor shall maintain a
register of maternity benefits in prescribed form, and shall be kept in all places
of work.
18. Inspection of Books and other documents : The Contractor shall allow
inspection of the Registers and other documents prescribed under these
Regulations by Inspecting Officers and the Engineer-in-Charge or his authorised

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representative at any time and by the worker or his agent on receipt of due
notice at the convenient time.

19. Submission of Returns : The Contractor shall submit periodical returns as may
be specified from time to time.

20. Amendments: The Corporation may, from time to time, add to or amend these
Regulations, and issue such directions as it may consider necessary for the
proper implementation of these Regulations or for the purpose of removing any
difficulty which may arise in the administration thereof.

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 GENERAL CONDITIONS OF CONTRACT
APPENDIX - II TO THE GENERAL CONDITIONS OF CONTRACT
MODEL RULES FOR LABOUR WELFARE
(Refer: Clause [Link] of GCC)

1. Definitions :

(a) “Workplace” means a place at which, on an average, twenty or more

workers are employed on any day during which the Contract work is in
progress.

(b) “Large Workplace” means a place at which, on an average 500 or more

workers are employed.

2. First Aid :

(i) At every workplace, there shall be provided and maintained in a readily

accessible place First Aid appliances including an adequate supply of
sterilized dressings and sterilized cotton wool as prescribed in the
Factory Rules of the State in which the work is carried on. The
appliances shall be kept in good order and in large work places; they
shall be placed under the charge of a responsible person who shall be
trained, in First Aid treatment and who shall also be readily available
during working hours. The First Aid boxes at the rate of not less than
one box for 150 contract labour or part thereof shall be ordinarily
employed. Adequate arrangement shall be made for immediate
recoupment of items/equipment when necessary.

(ii) At large work places, where hospital facilities are not available within
easy distance of the Works, First Aid posts shall be established and be
run by a trained compounder.

Where large work places are remotely situated far away from regular
hospitals, an indoor ward shall be provided with one bed for every 250
employees.

Where large work places are situated in cities, towns or in their suburbs
and no beds are considered necessary owing to proximity of city or
town hospitals, suitable transport shall be provided to facilitate
removal of urgent cases to these hospitals. At other workplaces, some
conveyance shall be kept readily available to take injured person or
persons suddenly taken seriously ill to the nearest hospital.

At large work places, there shall be provided and maintained an

ambulance room of the prescribed sizes, containing the prescribed
equipment and in the charge of such medical and nursing staff as may
be prescribed. For this purpose, the relevant provisions of the Factory
Rules of the State Government area where the work is carried on may
be taken as the prescribed standard.

3. Accommodation for labour: The Contractor shall during the progress of the
Works, provide, erect and maintain necessary temporary living accommodation
and ancillary facilities for labour at his owe expense and to standard and scales
as approved by the Engineer-in-charge. However, following specifications shall
be followed:

(a) (i) The minimum height of each hut at the eaves level shall be
2.1Cm (7ft) and the floor area to be provided will be at the
rate of 2.7 sq.m ([Link].) for each member of the worker’s
family staying with the labourer.

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(ii) The Contractor shall in addition construct suitable cooking
places having a minimum area of 1.8Cm X 1.5Cm (6” x 5”)
adjacent to the hut for each family.
(iii) The Contractor shall also construct temporary latrines and
urinals for the use of the labourers, each on the scale of not
less than four per each one, hundred of the total strength.
Separate latrines and urinals been provided for women.

(iv) The Contractor shall construct sufficient number of bathing and

washing places, one unit for every 25 persons residing in the
camp. These washing and bathing places shall be suitably
screened.

(b)
(i) All the huts shall have walls of sun-dried or burnt-bricks laid in
mud mortar or other suitable local material as may be approved
by the Engineer-in-Charge. In case of sun dried bricks, the walls
should be plastered with mud gobri on both sides. The floor
may be katcha, but plastered with mud gobri and shall be at
least 15cm.(6”) above the surrounding ground. The roofs shall
be laid with thatch or any other materials as may be approved
by the Engineer-in-Charge and the Contractor shall ensure that
throughout the period of their occupation, the roofs remain
water tight.

(ii) ‘The Contractor” shall provide each hut with proper

ventilation.

(iii) All doors, windows and ventilators shall be provided with

suitable leaves for security purposes.

(v) There shall be kept an open space at least 7.2m (8 yards)

between the rows of huts which may be reduced to 6m (20ft)
according to the availability of site with the approval of the
Engineer-in-charge. Back to back construction will be allowed.

4. Drinking Water : In every workplace, there shall be provided and maintained at

suitable places, easily accessible to labour, a sufficient supply of cold water fit
for drinking.

Where drinking water is obtained from an intermittent public water supply,

each workplace shall be provided with storage where drinking water should be
stored.

Every water supply storage shall be at a distance of not less than 15 meters
from any latrine, drain or other source of pollution. Where water has to be
drawn from an existing well, which is within such proximity of latrine, drain or
any other source of pollution, the well shall be properly chlorinated before
water is drawn for drinking. All such wells shall be entirely closed in and be
provided with a trap door which shall be dust and water proof.

A reliable pump shall be fitted to each covered well, the trap door shall be
kept locked and opened only for cleaning or inspection which shall be done at
least once a month.

5. Washing and Bathing Places : Adequate washing and bathing places shall be
provided separately for men and women. Such places shall be kept in clean and
drained conditions.

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6. Scale of accommodation in latrines and urinals : There shall be provided within
the precincts of every workplace, latrines and urinals in an accessible place and
the accommodation separately for each of these, shall not be less than at the
following scales:

No. of seats
(a) Where number of persons does not exceed 50 - 2
(b) Where number of persons exceeds - 3
50 but does not exceed 100
(c) For additional persons - 3 per 100 or
part thereof

In particular cases, the Engineer-in-Charge shall have the power to increase the
requirement, where necessary.

7. Latrines and Urinals : Except in workplaces provided with water flushed latrines
connected with a water borne sewage systems, all latrines shall be provided
with receptacies on dry earth system which shall be cleaned at least four times
daily and at least twice during working hours and kept in strictly sanitary
condition. Receptacies shall be tarred inside and outside at least once a year.

If women are employed, separate latrine and urinals screened from those for
men and marked in the vernacular in conspicuous letters “For Women Only”
shall be provided on the scale laid down in Rule 6. Those for men shall be
similarly marked “For Men Only”. A poster showing the figure of a man and a
woman shall also be exhibited at the entrance to latrines for each sex. There
shall be adequate supply of water close to latrines and urinals.

8. Construction of latrines : Inside walls shall be constructed of masonry or other

non-absorbent materials and shall be cement washed inside and outside at least
once a year. The dates of cement washing shall be noted in a register
maintained for the purpose and kept available for inspection. Latrines shall
have at least thatched roof.

9. Disposal of excreta: Unless otherwise arranged for by the local municipal

authority, arrangement for proper disposal of excreta by incineration at the
workplace shall be made by means of a suitable incinerator approved by the
local medical, health and medical or cantonment authorities. Alternatively,
excreta may be disposed off by putting a layer of night soils at the bottom of
pucca tank prepared for the purpose and covering it with a 15 c.m. Layer of
waste or refuse and then covering it with a layer of earth for a fortnight (when
it will turn into manure).

The Contractor shall, at his own expense, carry out all instructions issued to
him by the Engineer-in-charge to effect proper disposal of soil and other
conservancy work in respect of Contractor’s work people or employees at the
site. The Contractor shall be responsible for payment of any charges which may
be levied by municipal or cantonment authority for execution of such work on
his behalf.

10. Provision of shelters during rest : At every workplace shall be provided, free of
cost, four suitable sheds, two for meals and two others for rest, separately for
use of men and women labour. Height of each shelter shall not be less than 3
meters from the floor level to lowest part of roof, Sheds shall be kept clean and
the space provided shall be on the basis of at least 0.5 sq.m per head.

11. Creches : At a place at which 20 or more women workers are ordinarily

employed, there shall be provided at least one hut for use of children under the
age of 6 years belonging to such women. Huts shall not be constructed to a

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standard lower than that of thatched roof, mud floor and wall with wooden
planks spread over mud floor and covered with matting.

Huts shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the places
clean. There shall be two dais in attendance. Sanitary utensils shall be
provided to the satisfaction of local medical, health and municipal or
cantonment authorities. Use of huts shall be restricted to children, their
attendants and mothers of children.
Where the number of women workers is more than 25 but less than 50, the
Contractor shall provide at least one hut and one Dai to look after the children
of women workers.

Size of crèche(s) shall vary according to the number of women workers

employed.

Creche(s) shall be properly maintained and necessary equipment like toys etc.
provided.

12. Canteen: A cooked food canteen on a moderate scale shall be provided for the
benefit of workers wherever it is considered necessary.

13. Planning, setting and erection of the above mentioned structures shall be
approved by the Engineer-in-charge and the whole of such temporary
accommodation shall at all time during the progress of the works be kept tidy
and in a clean and sanitary condition as per requirements of the local bodies
and to the satisfaction of the Engineer-in-charge and at the Contractor’s
expense. The Contractor shall conform generally to sanitary requirements of
local medical, health and municipal or cantonment authorities and at all time
adopt such precautions as may be necessary to prevent soil pollution of the
site.

On completion of the Work, the whole of such temporary structures shall be

cleared away, all rubbish burnt, excreta or other disposal pits or trenches filled
in and effectively sealed off and the whole of site left clean and tidy to the
entire satisfaction of the Engineer-in-Charge and at the Contractor’s expense.

14. Anti-material precautions : The Contractor shall, at his own expense, conform
to all anti-material instructions given to him by the Engineer-in-Charge,
including filling up any burrow pits which may have been dug by him.

15. Enforcement: The Inspecting Officer mentioned in the Contractors’ Labour

Regulations or any other officer nominated in his behalf by the Engineer-in-
charge shall report to the Engineer-in-charge all cases of failure on the part of
the Contractor and or his sub-contractors to comply with the provisions of these
Rules either wholly or in part and the Engineer-in-charge shall impose such
fines and other penalties as are prescribed in the conditions.

16. Interpretations etc : On any question as to the application, interpretation of

effect of these Rules, the decision of the Chief Labour Commissioner or Deputy
Chief Labour Commissioner (Central) shall be final and binding.

17. Amendments: Government/Corporation may, from time to time, add to or

amend these rules and issue such directions as it may consider necessary for the
proper implementation of these Rules or for the purpose of removing any
difficulty which may arise in the administration thereof.

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 GENERAL CONDITIONS OF CONTRACT
INSTRUCTIONS TO TENDERERS

1.0 Indian Oil Corporation Limited, a company registered in India under the
Companies Act, 1956, through its _____________(give the designation of the
authority calling for tenders) invites tenders under sealed covers from bona fide
and experienced CONTRACTORS of financial standing and reputation for the
following job(s):
(a) name of work
(b) name of location
(c) unit/region/division etc.,(more specifically described in the Tender
Documents, upon the terms and conditions mentioned in the Tender
Documents.)

2.0 The Tender Documents shall consist of the following:

(i) Invitation to Tender
(ii) Instructions to the Tenderers
(iii) General Conditions of Contract
(iv) Special Conditions of Contract (including Scope of Work and Time
Schedule)
(v) Special Instructions to Tenderers
(vi) Specifications
(vii) Plans (Exhibits to )
(viii) Drawings (Exhibits to )
(ix) Form of Contract
(x) Form of Tender (including formats annexed to the Form of Tender)
(xi) Form of Schedule of Rates
(xii) Addendum/Addenda to Tender Documents.

3.0 Price of Tender Documents

(a) The Price of Rs._______________ (Rupees__________) payable for the

Tender Documents is made up as follows:

Prices for use of Tender Document : Rs.__________________

Less paid by OWNER to tenderer by

way of adjustment to keep the Tender
offer open : Rs.__________________

Balance : Rs.__________________

(b) The price of the Tender Document is the net cost/price per set of
Tender Document, after accounting for the consideration paid by the
OWNER to the tenderer, for keeping the tenders valid for the
prescribed period, and any extension thereof.

4.0 Tender Instructions

4.1 Tender Documents shall remain the property of the OWNER. Not more than 2
(two) copies of the Tender Documents will be issued to any one intending
tenderer, unless otherwise specified. The Tender Document issued to one party
cannot be transferred to or used by another without the specific written
permission of the tender issuing authority.

4.2 The Tender shall be completely filled in all respects and shall be tendered
together with requisite information and Annexures. Any tender incomplete in
particulars shall be liable to be rejected.

4.3 If the space in the Tender or any schedule or annexure thereof is sufficient,
pages shall be separately added. These shall be consecutively page numbered
and also shall carry the Tender Document numbered and shall be signed by the
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tenderer and entered in the Index for the Tender.

4.4(a) The Tender with one or more complete sets of the Tender documents, as
required, shall be enclosed in a sealed cover super scribed with name of work
and tender notice number and addressed and sent by registered post to the
Tender Receiving Authority specified in the Invitation to Tender, or put in the
Tender Box designated for the specific work located at the address specified in
the Invitation to Tender. In case tenders have been called for in two parts
separately viz., the technical and commercial part and the price part, these
two parts shall be put in two separate sealed covers super scribed ‘technical
commercial part” and “price part” respectively. Both the sealed covers
thereafter shall be then put inside another sealed cover, super scribed with the
name of the work, the tender notice number and date, due date for receipt of
tenders, the name of the Tenderer etc., and sent either by registered post or
dropped in the tender box designated for the purpose located at the address
specified in the Tender Document.

(b) Where two copies of Tender Documents have been called for, they should be
put in two separate envelopes duly marked as ‘original’ and ‘copy’. Both these
sealed envelopes should then be put together inside another sealed envelope,
suitably superscribed.

4.5 The sealed tenders must reach the Tender receiving Authority, at the address
specified in the invitation to Tender before the time limit specified therein.

4.6 The Tenders shall be opened on the date and at the time specified in the
Invitation to Tender or as soon thereafter as convenient, in the presence of
such tenderers as may be present. Tenders not received in time may not be
considered.

4.7 Tenderers shall set Their quotations in firm figures and without qualifications or
variations or additions in the terms of Tender Documents. Tenders containing
qualifying expressions such as “subject to minimum acceptance” or “subject to
prior sale”, or any other qualifying expression or incorporating terms and
conditions at variance with the terms and conditions incorporated in the Tender
Documents shall be liable to be rejected.

4.8 The tenders, as submitted, shall consist of the following:

(i) Complete set of Tender Documents (including addenda, if any) duly

filled in and signed by the tenderers as prescribed in different clauses
of the Tender Documents.
(ii) Schedule of Rates in the Form of Schedule of Rates.
(iii) Earnest money amounting to and in the manners specified in Clause 5
hereof.
(iv) Power of Attorney or other proof of authority, in favour of the person
who has signed the tender (or copy thereof duly attested by a
Gazetted Officer), as required by Clause 4.13 hereof
(v) Income Tax Clearance Certificate (in the case of Indian Bidders)
(vi) Audited Balance Sheets for the last 3 (three) years.
(vii) Form of Tender
(viii) Information regarding tenderers in the form annexed to the Form of
Tender
(ix) Information regarding the tenderer’s work of comparable nature in the
form annexed to the Form of Tender
(x) Information regarding construction, Organisation and equipment in the
form annexed to the Form of Tender.
(xi) Solvency certificate from a Scheduled bank in India or a reputed
foreign Bank acceptable to the OWNER
(xii) Declaration of Blacklisting in the prescribed format.

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4.9(a) The OWNER reserves the right to reject, accept or prefer any tender or to abort
time bidding process without assigning any reason whatsoever.
(b) Although ordinarily the lowest responsive bid amongst the bids submitted by
tenderers and considered by the OWNER as qualified and competent shall be
preferred, the OWNER reserves the right not to accept the lowest bid if in its
opinion, this would not be in time interest of the work.

(c) If time OWNER in its discretion considers that the interest of the work requires
a split, the OWNER may split the works between two or more tenderers.

4.10 The tender shall be irrevocable up to the expiry of 4 (four) months from the
date of opening of tenders. In case of a 2 (two) bid system the 4 (four) month
period shall be reckoned from the date of opening of the techno-commercial.

4.11 Rates to be in Figures and Words:

The tenderer shall quote in English both in figures as well as in words the
amount tendered by him in the Form of Schedule of Rates forming part of the
Tender Documents, in such a way that interpolation is not possible. If the
parties do not quote both in figures and works properly and correctly, their
tenders are liable to be rejected. The amount for each item shall be worked
out and entered and requisite totals given of all items. The tendered amount
for the work shall be entered in the tender duly signed by the tenderer.

If some discrepancies are found between the rates given in words and figures of
the amount shown in the tender, the following procedure shall be applied:

(a) When there is a difference between the rates in figures and words, the
rate which corresponds to the amount worked out by the tenderer shall
be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but
the amount is Incorrect, the rate quoted by the tenderer shall be taken
as correct.
(c) When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.

4.12 Corrections and Alterations

Tenderers are required to fill in the Tender Documents with all due care,
avoiding cuttings/corrections/alteration / overwriting etc. in the entries, as far
as possible. In case corrections/alterations become unavoidable or inevitable,
the entry to be corrected, altered should be neatly cancelled or scored through
by striking the entry by drawing a line through it and making the
revised/corrected entry as close to the cancelled entry as possible, each such
cancellation and correction/alteration being clearly and unambiguously
authenticated by the Tenderer by his full signatures. Overwriting and/or
erasing with or by the application of correcting/erasing fluid(s) will not be
permitted and shall render the Tender for rejection.

4.13 Signing of Tender

(i) The tender shall contain the name, residence and place of business of
the person(s) making the tender and shall be signed by the tenderer
with his usual signature. Partnership firms shall furnish the full names
of all partners in the tender and shall annex a copy of Partnership deed
to the tender. It shall be signed in the partnership name by the
partners or by a duly authorised representative followed by time name
and designation of the person signing. Tenders by Corporations shall be

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signed in the name of the Corporation by a person duly authorised to do
so.

(ii) The person signing the tender shall state his capacity and also the
source of his ability to bind the tenderer. The power of attorney or
authorisation or other document constituting adequate proof of the
ability of the signatory to bind the tenderer shall be annexed to the
tender. The OWNER may reject outright any tender unsupported by
adequate proof of the signatory’s authority.

(iii) When a tenderer signs a tender in a language other than English, the
total amounts tendered should in addition be written in the same
language. The signature should be attested by at least one witness.

4.14 Witness :

Name, occupations and addresses of the Witnesses shall be stated below their
signature. Witnesses shall be persons of status.

4.15 All signatures in the Tender Documents shall be dated as well. All pages of all
sections of Tender Documents shall be initialed at the lower right hand corner
or signed Wherever required in the tender Documents by the tenderer or by a
person holding power of attorney authorising him to sign on behalf of the
tenderer before submission of tender.

4.16 Canvassing :

Canvassing in connection with tenders is strictly prohibited and the tenders

submitted by the tenderers who resort to canvassing shall be liable to
rejection.

4.17 Past Experience

The tenderer shall enclose documents to show that he has previous experience
in having successfully completed in the recent past works of similar nature
together with the name of OWNER, location of sites and value of contract in the
format annexed to the Form of Tender. It shall be the responsibility of the
Tenderers to fill complete, correct and accurate information in line with the
requirements/stipulations of the Tender Document, regarding their past
experience and other information required to facilitate due
evaluation/consideration of their tenders. In case any essential information
given by a bidder is found to be incorrect or a misrepresentation, the bid is
likely to be rejected as not responsive, and if the bid has resulted in a contract,
the contract is liable to be terminated pursuant to the provisions of Clause
[Link] of the General Conditions of Contract with consequences of termination
as provided in Section 7 of the General Conditions of Contract.

4.18 P.F. Code Number to be furnished

The tenderer(s) shall indicate his/their P.F. Code Number in the Form of
Information about Tender annexed to time Form of Tender. In the absence of
the same, the tender shall be liable to be rejected.

4.19 Form of Earnest Money to be deposited:

A bank Guarantee may be accepted by the OWNER towards Earnest Money

Deposit or Initial Security Deposit or Security Deposit or otherwise, as the case
may be, provided the amount of such Bank Guarantee is not less than Rs. 1
(one) lakh. Such Bank Guarantee shall be issued by a scheduled bank in India
acceptable to the OWNER and shall be strictly in the format prescribed by the
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OWNER for the specific purpose for which the Bank Guarantee is required to be
furnished.

4.20(a) Each tenderer/bidder shall give a declaration in the prescribed format annexed
to the Form of Tender that he/it/they is/are not under any blacklist declared
by the OWNER or by any Department of the State or Central Government or by
any other Public Sector Organisation and that there is no inquiry in respect of
any corrupt or fraudulent practice pending against him/it/them. In case
he/it/they are under any such list, or any inquiry is pending he/it/they shall in
the declaration give full details thereof. Such declaration in respect of a
partnership firm or association of persons shall cover every partner or member
of the association, and in the case of Company shall cover every Director and
Principal Shareholder of the Company and any Holding Company and/or
Subsidiary Company(ies) if any.

4.20(b) If a tenderer is on any such List or if any such inquiry is pending against
it/him/them or if the Bidder makes a false declaration, the OWNER reserves
the right to reject the Bid, and if the Bid has resulted into a contract, the
contract is liable to be terminated pursuant to the provisions of Clause [Link]
of the General Conditions of Contract.

4.21 In case pre-qualification of potential bidders/tenderers had been undertaken

earlier and completed for the work, only bids from pre-qualified bidders will be
considered for evaluation and award of the contract. It shall be incumbent on
the tenderer to submit necessary evidence of having been pre-qualified for the
particular job in question or part thereof, by submitting copies of intimation
received from the OWNER/consultant intimating about their being pre
qualified.

4.22 In case no pre-qualification of bidder/tenderers had been undertaken by the

OWNER/consultant, the tenderer shall include full details in support of their
capacity, capability and financial standing for taking up and completing time
work successfully.

4.23 Each tenderer can submit only one tender bid for one package. The names of
specialized subcontractor(s) may, however, appear in different offers
submitted by different tenderers.

(a) It is clarified that a person shall he deemed to have submitted more

than one bid if a person bids in an individual or proprietorship format
and/or in a partnership or association of persons format and/o in a
Company format.
(b) A company shall for this purpose include any artificial person whether
constituted under the laws of Indian or of any other country.
(c) A person shall be deemed to have bid in a partnership format or in
association of persons format if he is a partner of the firm which as
submitted the bid or is a member of any association of persons which
has submitted a bid.
(d) A person shall be deemed to have bid in a Company format if, the
person holds more than 10% (ten percent) of the voting share
capital of the company which has submitted a bid, or is a Director of
the Company which has submitted a bid, or holds more than 10% (ten
percent) of voting share capital and/or is a Director of a holding
Company which has submitted the bid.

5.0 Earnest Money

5. 1 The tenderer shall, as a condition for the consideration of the tender, pay the
sum specified in Invitation to Tender in the manner specified therein. In the
case of cash deposit, he shall attach the official receipt with the tender. The
tender is liable to be rejected for failure to deposit money in the manner
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aforesaid or for failure to furnish proof of having deposited earnest money
along with the tender.

5.2 The Earnest Money of unsuccessful tenderer(s) shall be refunded without

interest only after the award of the work is finalised.
5.3 The Earnest Money deposited by a successful tenderer shall be forfeited if the
successful tenderer fails to deposit or furnish the requisite initial Security
Deposit as specified in the General Conditions of Contract and/or fails to
commence work at each job site within 10 (ten) days of handing over the job or
any part thereof to him and/or fails to execute the contract in accordance with
the Form of Contract within 10 (ten) days of receipt of Letter of Acceptance in
this behalf from the OWNER or within such extended period as may be
permitted by the OWNER for the purpose.

5.4(a) A tenderer who has submitted his/it/their bid shall not be permitted to
alter/amend or withdraw his/it/their bid after submission of bid,
notwithstanding that the bid(s) has/have not yet been opened.

5.4(b) A tenderer who purports to alter/modify or withdraw his/its/their bid/offer

after submission, within the period during which he/it/they promised to keep
his/its/their bid valid, shall be liable to have his/its/their tender rejected and
his/its/their Earnest Money deposit or Bank Guarantee submitted by way of
earnest money forfeited/ encashed.

5.4(c) A bidder who offers unsolicited reduction in the price offer whether before or
after the opening of the price part of the tender(s)/bid(s) shall be liable to
have his/its/their bid(s) rejected. Bidders may, however, at any stage offer a
reduction if such reduction is solicited or if the OWNER gives the Bidder an
opportunity to offer such reduction.

6.0 Cost of Preparation and Submission of Bids

6.1 The tenderer shall prepare the tender at his/its/their own risk and shall bear
all time costs of preparing and submitting his/its/their tenders, as well as all
other costs of tendering for the work and the OWNER shall take no liability for
these costs.

7.0 Addenda

7.1 Addenda to the Tender Documents may be issued prior to the date of opening
of the tender (and in the case of 2 (two) bid system, prior to the date of
opening the price part of the bid) to clarify documents or to reflect
modifications in the design or contract terms.

7.2 Such addendum(s) issued shall be distributed in duplicate, to each person or

Organisation to whom Tender Documents have been issued. Each recipient will
retain, one signed copy of such addenda(s) for submission along with his tender
and return one signed copy to the authority inviting tenders as acknowledgment
of receipt of the addendum. All such addendum(s) issued shall form part of
Tender Documents.

8.0 Retired Company Directors

8.1 No Director of the OWNER is allowed to tender for a period of 2 (two) years
after his retirement from the employment of the OWNER, without the previous
permission of the OWNER. The Contract if awarded is liable to be cancelled if
the tenderer is found at any time to be such a person and has not obtained the
permission of the OWNER before submission of the tender. Any tender by a
person aforesaid shall carry a disclosure thereof on the tender, and shall be
accompanied by a copy of the document by which the requisite consent is
given. Such disqualifications shall apply to every partner of a partnership firm.

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8.2 The tenderer is required to state whether he is a relative of any Director of the
OWNER, or whether the tenderer is a firm, whether a Director of the OWNER or
relative of such Director is a partner in the firm, or whether the tenderer is a
Company, whether a Director of the OWNER or relative of such Director is a
substantial member holding more than 10% (ten percent) of the paid up capital
in the Company, or a Director of the Company.

9.0 Quotations
9.1 The tenderer shall quote for the jobs on the basis of the items entered in the
Form of Schedule of Rates, and shall quote separately for each and every
item(s) entered in the Form of Schedule of Rates.

9.2 The prices quoted shall be all inclusive as proved, for in respect of Schedule of
Rates in the General Conditions of Contract and the OWNER shall not entertain
any claim(s) for enhancement of the price(s) on any account whatsoever.

10.0 Information

10.1 The information given in the Tender Documents and the plans and Drawings
forming part thereof is merely intended as a general information without
undertaking on the part of the OWNER as to their accuracy and without
obligation relative thereto upon the OWNER. The tenderers are expected to
conduct their own surveys and investigations as prior to tendering.

10.2 All information disclosed to the tenderers by way of the Tender Documents
shall be considered confidential and shall not be d disclosed to any party by the
tenderers except as may be necessary for carrying out the work. Where it is
found that any tenderer has violated and has disclosed sensitive and vital
information impugning on the security of the installation/national security,
necessary action, as may be called for, may be taken against the tenderer
concerned in addition to his being liable to be black listed and/or barred from
participating in future bids.

10.3 The tenderer shall before tendering and shall be deemed before tendering to
have undertaken a thorough study of the proposed work, the job site(s)
involved, the site conditions, soil conditions, the terrain, the climatic
conditions, the labour, power, material and equipment availability and
transport and communication facilities, the availability and transport suitability
or borrow areas, the availability of land for right of way and temporary office
and accommodations, quarters, and all other facts and facilities necessary or
relevant for the formulation of the tender, supply of materials and the
performance of the work. Without prejudice to the a foregoing, the tenderers
may be allowed access to any information regarding the site of the work, the
investigations conducted relative thereto, such as soil investigation etc. But,
these shall be only indicative in nature and the tenderers are expected to
collect their own data for preparation and submission of their tender. Any claim
at a later date based on either incorrectness or inadequacy of the
information/data made available by the OWNER/consultant to a tenderer shall
not be entertained. The OWNER/Consultant shall be fully absolved of any and
all liabilities in this regard.

10.4 In case the OWNER/consultant decides to have a pre-bid conference to clarify

any issues, necessary intimation with adequate notice will be sent to the
intending tenderers. Brief summary of the queries raised by the attending
tenderers and the clarifications given by the OWNER / Consultant respect
thereof; as well as any further information which the OWNER/consultant choose
to furnish to the tenderers, in the form of Minutes of the Meeting or Addendum,
which shall form a part of the Tender Documents, unless otherwise specified.

10.5 All communication from the OWNER/consultant to the tenderers shall be sent
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by speed post/courier as may be applicable. The tenderers must acknowledge
each and every communication sent by the OWNER/ consultant the duplicate
copy or the Xerox copy of the said communication duly signed by the
Tenderer(s) in token of receipt. Wherever feasible, communications may he
sent by Fax/E-mail also followed by confirmation copies by post.

10.6 The OWNER/Consultant may, at his discretion, call for technical/ commercial
clarification or any other clarifications required, from any Tenderer(s), in
respect of his/their tender(s).

10.7 The OWNER reserves the right to consider/evaluate only substantially

responsive tenders. A substantially responsive tender is one, which, in the
opinion of the OWNER (which shall be final amid binding on the Tenderer(s),
substantially conforms to all the terms, conditions, specifications and
requirements of the Tender Document without material deviations or
reservations in respect of any of the following :
(a) Scope, quality or performance of the work;

(b) OWNER’s rights or the tenderers obligations under the contract as per
the tender documentation

(c) Such deviations the correction of which would affect the competitive
position of other tenders, who have submitted substantially responsive
bids.

(d) Any tender unaccompanied by the earnest money in a form which is not
acceptable as per the Tender Documents, or falling short of the
requirement of the Tender Document, shall be liable for rejection.

10.8 Bidders are expected to bid strictly on the format and subject to the terms and
conditions specified in the Tender Documents. Any bid containing any deviation
which in the sole opinion of the OWNER is material, or which in the opinion of
the OWNER cannot be evaluated so as to place other bidders at a disadvantage,
shall be liable to have his/its/their bid rejected.

10.9 In case any bidder/tenderer considers it inevitable or unavoidable to make

certain deviations from requirements and stipulations of the Tender Document,
such bidder/ tenderer shall bring out the same separately and prominently in a
separate statement enclosed with the tender (or techno-commercial part of
the tender in case of two part tenders) so as to make it prominently noticeable
by the authority opening the tender. Such a statement should clearly indicate
the particular page number, clause, or section of the Tender Document
deviated from, the scope and extent of the deviations and explanation as to
why the said deviation is considered inevitable or unavoidable in the view of
the tenderer.

11.0 Collusive or Fraudulent Tenders :

11.1 In case it appears to the OWNER, after examining the tenders received,
that any 2 (two) or more tenders are collusive or otherwise manipulated to the
disadvantage of the OWNER and against the spirit of ethical competition, the
OWNER reserves the right to summarily reject such tenders. It shall not be
incumbent on the OWNER to prove any collusion or other malpractice in this
regard.

12.0 Signing of the Contract :

12.1 The successful tenderers shall be required to execute a formal contract in

accordance with the Form of Contract within 10 (ten) days from the date of
receipt of Letter of Acceptance from the OWNER, or such extended time as may
be permitted by the OWNER for the purpose to do so.

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For and on behalf of
Indian Oil Corporation Ltd.
(Marketing Division)

PROFORMA OF DECLARATION OF BLACK LISTING/HOLIDAY LISTING

In the case of a Proprietary Concern :

I hereby declare that neither I in my personal name or in the name of my Proprietary concern
M/s. ________________________ which is submitting the accompanying Bid/Tender nor any
other concern in which I am proprietor nor any partnership firm in which I am involved as a
Managing Partner have been placed on black list or holiday list declared by Indian 0il
Corporation Ltd. or its Administrative Ministry (presently the Ministry of Petroleum & Natural
Gas), except as indicated below :

(Here give particulars of blacklisting or holiday listing, and in absence thereof state “NIL”)

In the case of a Partnership Firm :

We hereby declare that neither we, M/s. _________________ , submitting the accompanying
Bid/Tender nor any partner involved in the management of the said firm either in his individual
capacity or as proprietor or managing partner of any firm or concern have or has been placed
on blacklist or holiday list declared by Indian Oil Corporation Ltd. or its Administrative Ministry
(presently the Ministry of Petroleum & Natural Gas), except as indicated below

(Here give particulars of blacklisting or holiday listing and in the absence thereof state “NIL”)

In the case of Company:

We hereby declare that we have not been placed on any holiday list or black list declared by
Indian Oil Corporation Ltd. or its Administrative Ministry (presently the Ministry of petroleum
and Natural Gas), except as indicated below:

(Here give particulars of black listing or holiday listing and in the absence thereof state “NIL”)

It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd or its Administrative Ministry, shall have the right to reject my/our bid, and if
the bid has resulted in a contract, the contract is liable to be terminated.

Place : Signature of Bidder: _____________

Date : Name of
Signatory:______________

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EQUIPMENT QUESTIONNAIRE

(To be furnished with the Tender)

The tenderer shall specify in the form given below the list of equipment owned by the
tenderer which shall be used for the work if awarded to the tenderer.

Type Number Make Capacity Location Owner

Signature of Tenderer
Name and Address of the Tenderer

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EXPERIENCE QUESTIONNAIRE
(To be furnished with Tenderer)

The Tenderer has completed the following similar Construction Projects in the last five years :
Type Owner Value Year completed

Signature of Tenderer
Name and Address of the Tenderer

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FORM OF TENDER
(To be filled up by the Tenderer)

For Price Bid

Serial No. - Date:

From

_____________________

_____________________

_____________________

To -
Indian Oil Corporation Ltd.
(Refineries/Pipelines Division)
______________Refinery/Project .

Tender No.___________________________________________________

Dear Sirs,

Having examined the Tender Documents consisting of the Short Tender Notice, General
Instructions to Tenderers, General Conditions of Contract, Special Instructions to tenderers,
Special Conditions of Contract, Specifications, Plans (Exhibits __________to __________),
Drawings (Exhibits _______ to _________)Time Schedule, Form of Contract, Form of Tender,
Form of Schedule of Rates, and Addendum(a) to the Tender Documents, and having understood
the provisions of the said Tender Documents and having thoroughly studied the requirements of
Indian Oil Corporation Ltd. relative to the work tendered for in connection with the
________________________ (Name of the Refinery/Project) and having conducted a thorough
study of the job site(s) involved, the site conditions, soil conditions, the climatic conditions,
labour, power, water, material and equipment availability, the transport and communication
facilities, the availability and suitability of borrow areas, the availability of land for right of
way and temporary office accommodation and quarters aid all other facilities and things
whatsoever necessary for or relative to the formulation of the tender of the performance of
work, I/we hereby submit my/our tender offer for the performance of proposed work in
accordance with the terms and conditions and within the time mentioned in the Bid Documents
at the rate(s) quoted by me/us in the accompanying Schedule of Rates based on the Form of
Schedule(s) of Rates included within the Tender Documents and arrived at a total contract
value of Rs._______________ (Rupees _________________________________________only)
based on an application of the rates tendered in the accompanying Schedule(s) of Rates to the
relative quantities indicated in the Form Schedule(s) of Rates forming part of the Tender
Documents.

If the work or any part thereof is awarded to me/us, I/We undertake to perform the work in
accordance with the Contract Documents as defined in the Form of Contract forming part of the
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Tender Documents and accept the terms and conditions of Contract as laid down therein and
undertake within 10 (ten) days of receipt of acceptance of Tender to pay to and/or deposit
with the Accounts Officer, -______________ (Name of the Refinery/Project) Indian Oil
Corporation Ltd. (Refineries/Pipelines Division) a sum which together with the amount of
earnest money deposited by me/us in terms hereof, shall make 2½% (two and one-half percent)
of total contract value as specified in the Acceptance of tender for the purpose of security
deposit, by any one or more of the modes of payments specified in this behalf in the General
Conditions of Contract, and to commence work at each job site(s) involved within 10 (ten) days
of handing over the job site or any part thereof to me/us, and to sign the formal Contract in
the terms of the form of contract forming part of Tender Documents, within 10 (ten) days of
receipt of Letter of Acceptance from and on behalf of Indian Oil Corporation Ltd, in this behalf
failing which Indian Oil Corporation Ltd., shall be at liberty, without reference to me/us and
without prejudice to any of its rights or remedies, to terminate the Contract and/or to forfeit
the earnest money deposited in terms hereof.

In consideration of the sum of Rupee.1/- (Rupee one) only paid to me/us by Indian Oil
Corporation Ltd., by adjustment in the price of Tender Documents, I/We further undertake to
keep my/our this tender offer open for a period of not less than 4 (four) months from the
scheduled date of opening of Tenders as specified in the General Instructions to Tenderer
forming part of the Tender Documents.

I/We have annexed to this Bid the following documents:

(i)Schedule of Rates in the prescribed Form.

(ii) Original Power of Attorney or other proof of authority of the person who has signed the
Tender OR copy of Power of Attorney or other authority duly certified by a Gazetted
Officer or a Notary Public in proof of authority of the person who has signed the
Tender.

I/We hereby undertake that the statements made herein/information given in the Annexures
referred to above are true in all respects and that in the event of any such statement or
information being found to be incorrect in any particular, the same may be construed to be a
misrepresentation entitling Indian Oil Corporation Ltd. to avoid any resultant contract.

I/We further undertake as and when called upon by Indian Oil Corporation Ltd. to produce, for
its inspection, original(s) of the document(s) of which copies have been annexed hereto.

[Signature(s) of the Tenderer(s)]

Name & Designation of authorised person

signing the Tender on behalf of the Tenderer (s)
Full Name and address of the Bidder(s)
Witness :

Signature :

Name :

Occupation :

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 GENERAL CONDITIONS OF CONTRACT
FORM OF TENDER

(To be filled up by the Tenderer)

For Commercial Bid

Serial No.
[)ate:
From
_____________________

_____________________

_____________________

To

Indian Oil Corporation Ltd.

(Refineries/Pipelines Division)
___________Refinery/Project

Tender No. ______________________________________

Dear Sirs,

Having examined the Tender Documents consisting of the Tender Notice, General Instructions
to Tenderers, General Conditions of Contract, Special Instructions to Tenderers, Special
Conditions of Contract, Specifications, Plans (Exhibits _____________ to __________), Drawings
(Exhibits _______ to __________ ) Time Schedule, Form of Contract, Form of Schedule of Rates,
and Addendum(a) to the Tender Documents, and having understood the provisions of the said
Tender Documents and having thoroughly studied the requirements of Indian Oil Corporation
Ltd. relative to the work tendered for in connection with the
__________________________(Name of the Refinery/Project) and having conducted a thorough
study of the job site(s) involved, the site conditions, soil conditions, the climatic conditions,
labour, power, water, material and equipment availability, the transport and communication
facilities, the availability and suitability of borrow areas, the availability of land for right of
way and temporary office accommodation and quarters and all other facilities and things
whatsoever necessary for or relative to the formulation of the tender or the performance of
work, I/we hereby submit my/our tender offer for the performance of proposed work in
accordance with the terms and conditions and within the time mentioned in the Tender
Documents.

In consideration of the sum of Rupee 1/- (Rupee one) only paid to me/us by Indian Oil
Corporation Ltd., by adjustment in the price of Tender Documents, I/We further undertake to
keep my/our this tender offer open for a period of not less than 4 (four) months from the
scheduled date of opening of Tenders as specified in the General Instructions to Tenderers
forming part of the Tender Documents.

I/We hereby further state that I/We/None of us (in the case of partnership firm) and none of
our Directors (in the case of a Company) was/were employed as Directors of Indian Oil
Corporation Ltd., during the period of 2 (two) years immediately preceding the date hereof OR
I/We hereby declare that I/Shri ____________________one of our partners (in the case of
partnership firm/Directors in the case of a Company) was employed as a Director in Indian Oil
Corporation Ltd., during the period of 2 (two) years immediately.

Preceding the date hereof and that I/Shri ______________________ have/has obtained previous
permission of Indian Oil Corporation Ltd. to make this tender.

I/We have annexed to this Bid the following documents:

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 GENERAL CONDITIONS OF CONTRACT

(i) Schedule of Rates in the prescribed form.

(ii) Original Power of Attorney or other proof of authority of the person who has signed the
Tender OR copy of Power of Attorney attested by a Gazetted Officer or a Notary Public
in proof of the authority of the person who has signed the Tender.
(iii) Original Income-tax Clearance Certificate OR copy of Income-Tax Clearance Certificate
duly attested by a Gazetted Officer/Notary Public.
(iv) Information regarding tenderer in the form annexed to the Form of Tender.
(v) Information regarding experience of the tenderer in the performance of work of a
comparable nature in the form annexed to the Form of Tender.
(vi) Information regarding construction Organisation and equipment in the form annexed to
the Form of Tender.
(vii) Solvency Certificate from a Nationalised/Scheduled Bank.
(viii) Set of Tender Documents, as issued duly signed.
(ix) Additional Documents as listed below.

I/We hereby undertake that the statements made herein/information giver in the Annexures
referred to above are true in all respects and that in the event of any such statement or
information being found to be incorrect in any particular, the same may be construed to be a
misrepresentation entitling Indian Oil Corporation Ltd. to avoid any resultant contract.

I/We further undertake as and when called upon by Indian Oil Corporation Ltd. to produce, for
its inspection, original(s) of the document(s) of which copies have been annexed hereto.

I/We confirm having deposited Earnest Money of Rs.____________ (Rupees______________)

as detailed hereunder (Strike off whichever is not applicable)
(Signature(s) of the Tenderer(s))

Name & Designation of

authorised person
signing the Tender on behalf of
the Tenderer (s)
Full Name and address of the Bidder(s)

Witness :

Signature :

Name :

Occupation :

Name & Designation of authorised

person signing the Tender on
behalf of the Tenderer (s)
Full Name and address of the Bidder(s)

Witness :

Signature :

Name :

Occupation :

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 GENERAL CONDITIONS OF CONTRACT
INFORMATION ABOUT TENDERER
(To be furnished with Tender)

1. In case of Individual
1.1 Name of Business
1.2 Whether his business is registered
1.3 Date of Commencement of business:
1.4 Whether he pays Income Tax over Rs.1 0,000/- per year:
1.5 Whether he is a Director or is related to any Director of 100 present or
retired within the past 2 years
1.6 Permanent Account Number:
1.7 What are his profits/losses for the past 3 (three) years with a copy of
Balance Sheet and Profit & Loss Account for the past 3 (three) years
with a copy of the audited balance sheets and Profit & Loss account for
the past 3 (three) years
1.8 What are his concurrent job commitments
1.9 How does he propose to finance the work if awarded to him:

2. In case of Partnership
2.1 Name of Partners:
2.2 Whether the partnership is registered
2.3 Date of establishment of firm
2.4 If each of the partners of the firm pays Income tax over Rs. 10,000/- a
year
and if not, which of them pays the same.
2.5 Whether any partner of the firm is a Director or is related to any
Director
of IOC, present or retired within the past 2 years.
2.6 Permanent Account Number
2.7 What are the firm’s profits/losses for the past 3 (three) years with a
copy
of Balance Sheet and Profit & Loss Account for the past 3 (three) years
2.8 What are the firm’s concurrent job commitments
2.9 How does the firm propose to finance the work if awarded to him

3. In case of Limited Company or Company Limited by Guarantees:

3.1 Amount of paid up capital
3.2 Name of Directors
3.3 Date of Registration of Company
3.4 Copies of the Balance Sheet of the company of the last two years
3.5 Whether any of the Directors of the Company is a Director or is related
to
any Director of IOC, present or within the past 2 years
3.6 Permanent Account Number
3.7 What are the Company’s profits/losses for the past 3 (three) years with
a copy of the audited Balance Sheet for the past 3 (three) years.
3.8 What are the company’s concurrent job commitments.
3.9 How does the Company propose to finance the work if awarded to it:

FOOT NOTE : Reference is also invited to Clause 9.0 of General Instructions to the Tenderers
forming part of GCC.

Signature of Tenderer

Name & Address of the Tenderer

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 GENERAL CONDITIONS OF CONTRACT
FORM OF CONTRACT

THIS CONTRACT made at Mumbai this ___________ day of _____ 200 ; BETWEEN INDIAN
OIL CORPORATION LTD., a Government of Indian Undertaking registered in India under the
Indian Companies Act 1956, having its registered office at G-9, All Yavar Jung Marg, Bandra
(East), Bombay - 400 051 (hereinafter referred to as the “OWNER” which expression shall
include its successors and assigns) of the One Part; AND __________________carrying on
business in sole proprietorship/carrying on business in partnership under the name and style
of______________________________a Company registered in India under the Indian Companies
Act, 1913/1956 having its registered office at ______________ (hereinafter referred to/as
collectively referred to as the ‘Contractor which expression shall include his/their/its
executors, administrators, representatives and permitted assigns/successors and permitted
assign) of the other part:

WHEREAS

The OWNER desires to have executed the work of __________________________________

___________________________________________________________more specifically
mentioned and described in the contract documents (hereinafter called the work’ which
expression shall include all amendments therein and/or modifications thereof) and has
accepted the tender of the CONTRACTOR for the said work.

NOW, THEREFORE THIS CONTRACT WITNESSETH as follows:

ARTICLE - 1

Contract Documents

1.1 The following documents shall constitute the Contract documents, namely:
(a) This contract;
(b) Tender documents as defined in the General Instructions to Tenderers;
(c) Letter of Acceptance of Tender along with Fax/Telegram of Intent.

1.2 A copy of each of the Tender Documents is annexed hereto and the said copies
have been collectively marked Annexure ‘A’ while a copy of the letter of
Acceptance of Tender along with annexures thereto and a copy of
Fax/Telegram of Intent dated ____________ are annexed hereto and said
copies have been collectively marked as Annexure — ‘B”.

ARTICLE - 2

WORK TO BE PERFORMED

2.1 The CONTRACTOR shall perform the work upon the terms and conditions and
within the item specified in the Contract documents.
ARTICLE - 3

Compensation

3.1 Subject to and upon the terms and conditions contained in the Contract
documents, the OWNER shall pay CONTRACTOR compensation as specified in
the Contract documents upon the satisfactory completion of the work and/or
otherwise as may be specified in the Contract documents.

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 GENERAL CONDITIONS OF CONTRACT
ARTICLE - 4

Jurisdiction

4.1 Notwithstanding any other court or courts having jurisdiction to decide the
question(s) forming the subject matter of the reference if the same had been
the subject matter of a suit, any and all actions and proceedings arising out of
or relative to the contract (including any arbitration in terms thereof) shall lie
only in the court of competent civil jurisdiction in this behalf at
_________________ (where this Contract has been signed on behalf of the
OWNER) and only the said Court(s) shall have jurisdiction to entertain and try
any such action(s) and/or proceeding(s) to the exclusion of all other Courts.

ARTICLE - 5

Entire Contract

5.1 The Contract documents mentioned in Article - 1 hereof embody the entire
Contract between the parties hereto, and the parties declare that in entering
into this Contract they do not rely upon any previous representation, whether
express or implied and whether written or oral, or any inducement,
understanding or agreements of any kind not included within the Contract
documents and all prior negotiations, representations, contracts and/or
agreements and understandings relative to the work are hereby cancelled.

ARTICLE - 6

Notices

6.1 Subject to any provisions in the Contract documents to the contrary, any
notice, order or communication sought to be served by the CONTRACTOR on the
OWNER with reference to the Contract shall be deemed to have been
sufficiently served upon the OWNER (notwithstanding any enabling provisions
under any law to the contrary) only if delivered by hand or by Registered
Acknowledgment Due Post to the Engineer-in-Charge as -defined in the Genera!
Conditions of Contract.

6.2 Without prejudice to any other mode of service provided for in the Contract
Documents or otherwise available to the OWNER, any notice, order or
other communication sought to be served by the OWNER on the CONTRACTOR
with reference to the Contract, shall be deemed to have been sufficiently
served if delivered by hand or through Registered Post Acknowledgement due to
the principal office of the CONTRACTOR at _______________________ or to the
CONTRACTOR’s representatives as referred to in the General Conditions of
Contract forming part of the Contract, Documents.

ARTICLE –7

Waiver :

7.1 No failure or delay by the OWNER in enforcing any right or remedy of the
OWNER in terms of the Contract or any obligation or liability of the
CONTRACTOR in terms thereof shall be deemed to be a waiver of such right,
remedy, obligation or liability, as the case may be; by the OWNER and
notwithstanding such failure or delay, the OWNER shall be entitled at any time
to enforce such right, remedy, obligation or liability, as the case may be.

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 GENERAL CONDITIONS OF CONTRACT

ARTICLE - 8

Non-Assignability

8.1 The Contract and benefits and obligations thereof shall be strictly personal to
the CONTRACTOR and shall not on any account be assignable or transferable by
the CONTRACTOR.

IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place,
day and year first above written

SIGNED AND DELI VERED

for and on behalf of
INDIAN OIL CORPORATION LTD.

by __________________________
in the presence of:

1. ___________________________

2. ___________________________

SIGNED AND DELIVERED

for and on behalf of

________________________________ (CONTRACTOR)

by _________________________________

(this day of _____________200____)

in the presence of:

1. ______________________________

2. ______________________________

*(Strike off which is not applicable)

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 GENERAL CONDITIONS OF CONTRACT

BANK GUARANTEE IN LIEU OF

EARNEST MONEY DEPOSIT
BG
NO:_______________
_
DATED:________________
VALID
UPTO:___________

To,
Indian Oil Corporation Limited
(MARKETING DIVISION)
Address:
Dear Sirs,

In consideration of Indian Oil Corporation Limited (MARKETING Division) (hereinafter called ‘the

Corporation” which expression shall include its successors and assigns), having agreed interalia

to consider the tender of ___________(Name of the Tenderer)___________having its

Head Office/Registered Office at _________ (Address of the Tenderer)__(hereinafter

called the “Tenderer” which expression shall include its successors and assigns), for the work of

_____________(Name of the Project/Work)______ at ___________________ to be awarded

under Tender No.____________ upon the Tenderer furnishing an undertaking from the Bank as

hereinafter appearing in lieu of cash deposit of the Earnest Money.

We (Name of the Bank) a Bank constituted/Registered under

the _____ ______Act having our Head Office/Registered Office at ______________________

(hereinafter called the “Bank” which expression shall include its successors and assigns), at the

request of the Tenderer and with the intent to bind the Bank and its successors and assigns do

hereby unconditionally and irrevocably undertake to pay the Corporation at New Delhi

forthwith on first demand without protest or demur or proof or satisfaction or condition and

without reference to the Tenderer, all sums payable by the Tenderer as and by way of Earnest

Money to the Corporation, upto an aggregate limit of (Amount in figures and words).

AND THE BANK DOTH HEREBY FURTHER AGREES AS FOLLOWS:

1. This Guarantee/Undertaking shall be a continuing guarantee and shall remain in
full force and effect for all claims or demands made by the Corporation on the
Bank until the Corporation discharges this Guarantee/Undertaking subject,
however, that the Corporation shall have no claims under this
Guarantee/undertaking after the midnight of 200_ or any written extension(s)
thereof.
PROVIDED that if the aforesaid work tendered for or any part thereof shall be
awarded to the Tenderer on or before the said date, whether on the basis of
accompanying tender or any other basis, then the validity of this
guarantee/undertaking shall stand automatically extended for all claims and
demands made by the Corporation for further three months.

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 GENERAL CONDITIONS OF CONTRACT

2. The Corporation shall have the fullest liberty without reference to the Bank and
without affecting in any way the liability of the Bank under this
Guarantee/undertaking at any time and/or from time to time any wise to
postpone and/or vary any of the powers, rights, and obligations exercisable by
the Corporation against the Tenderer and either to enforce or to forbear from
enforcing all or any of the terms and- conditions of or governing the said
Tender and/or any contract consequent upon any award of work or the said
Earnest Money Deposit or the securities available to the Corporation or any of
them and the Bank shall not be released from its liability under these
Presents and the liability of the Bank hereunder shall remain in full force and
effect
notwithstanding any exercise .by the Corporation of the liberty with reference
to any or all the matters aforesaid or by reason of any other act, matter or
thing whatsoever which under law relating to the sureties or otherwise which
could, but for this provision have the effect of releasing the Bank from all or
any of its obligations hereunder or any part thereof, and the Bank specifically
waives any and all contrary rights whatsoever.

3. It shall not be necessary for the Corporation to proceed against the

Tenderer before proceeding against the Bank and the Guarantee/Undertaking
herein contained shall be enforceable against the Bank as principal debtor
notwithstanding the existence of any other undertaking or security for any
indebtedness of the Tenderer to the Corporation and notwithstanding that any
such security shall at the time when claim is made against the Bank or
proceedings taken against the Bank hereunder, be outstanding or unrealised.

4. The amount stated by the Corporation in any demand, claim or notice made
with reference to this guarantee shall as between the Bank and the Corporation
for the purpose of these Presents be conclusive of the amount payable by the
Bank to the Corporation hereunder.

5. The liability of the Bank to the Corporation under this Guarantee/Undertaking

shall remain in full force and effect notwithstanding the existence of any
difference or dispute between the Tenderer and the Corporation, the Tenderer
and the Bank and/or the Bank and the Corporation or otherwise howsoever
touching these Presents or the liability of the Tenderer to the Corporation, and
notwithstanding the existence of any instructions or purported instructions by
the Tenderer or any other person to the Bank not to pay or for any cause
withhold or defer payment to the Corporation under these Presents, with the
intent that notwithstanding the existing of such difference, dispute or
instructions, the Bank shall be and remain liable to make payment to the
Corporation in terms thereof.

6. This Guarantee/Undertaking shall not be determined or affected by the

liquidation or winding up or dissolution or change of constitution or insolvency
of the Tenderer or any change in the legal constitution of the Bank or the
Corporation.

7. Without prejudice to any other mode of service, a demand or claim or other

communication may be transmitted by the Corporation to the Bank either by
post or by fax. If transmitted by fax, the transmission shall be complete as soon
as acknowledged by bank.

8. Notwithstanding anything contained herein:

(i) The Bank’s liability under this guarantee/undertaking shall not exceed (Amount
in figures & words):

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 GENERAL CONDITIONS OF CONTRACT
(ii) This guarantee/undertaking shall remain in force upto ______ and any
extension(s) thereof; and
(iii) The Bank shall be released and discharged from all liability under this
guarantee/undertaking unless a written claim or demand is issued to the Bank
on or before ______ or the date of expiry of any extension(s) thereof if this
guarantee/undertaking has been extended.

The Bank doth hereby declare that Shri _____________ who is authorised to sign this

Guarantee/Undertaking on behalf of the Bank and to bind the Bank thereby.

This ______ day of ____ 20____

Yours
faithfully

Signature:___________________

Name & Designation:____________

Name of the Branch:___________

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 GENERAL CONDITIONS OF CONTRACT

FORM OF BANK GUARANTEE

IN LIEU OF SECURITY DEPOSIT/INITIAL SECURITY DEPOSIT

BG
NO:_______________
__
DATED:____________
_
VALID UPTO:_____________

To,
INDIAN OIL CORPORATION LIMITED
(MARKETING DIVISION)
Address:

Dear Sirs,

In consideration of Indian Oil Corporation Limited (Marketing Division) (hereinafter called “the
Corporation” which expression shall include its successors and assigns), having awarded certain
work for and relative to __________________(Name of the Project/Work) to
_________________________ (Name and address of the Contractor) (hereinafter called “the
Contractor” which expression shall include its successors and assigns), upon certain terms and
conditions inter-alia mentioned in the Corporation’s Letter of Acceptance No.
_____________________ ______ dated _________________read with the relative Tender
Documents (hereinafter collectively called “the Contract”, which expression shall include any
formal contract entered into between the Corporation and the Contractor in supersession of the
said Letter of Acceptance and all amendments and/or modifications in the contract) inclusive
of the condition that the Corporation may accept a Bank Guarantee/Undertaking of a Scheduled
Bank in India in lieu of Cash Deposit of the Initial Security Deposit as provided for in General
Conditions of Contract forming part of the said Tender Documents:

We __________________________ (Name of the Bank), a body registered/constituted

________under the ___________________ Act, having our Registered Office/Head Office
at:_____________________ (hereinafter called “the Bank” which expression shall include its
successors and assigns), at the request of the Contractor and with the intent to bind the Bank
and its successors and assigns, do hereby unconditionally and irrevocably undertake to pay to
the Corporation at New Delhi forthwith on first demand without protest or demur or proof or
satisfaction and without reference to this guarantee upto an aggregate limit of Rs.______
(Rupees _______________ only).

AND the Bank doth hereby further agrees as follows :-

i. This Guarantee/Undertaking shall be a-continuing guarantee and shall remain

valid and irrevocable for all claims of the Corporation upon the Bank made up
to the midnight of ______________ provided that the Bank shall upon the
written request of the Corporation made upon the Bank at any time within 6
(six) months from the said date extend the validity of the Bank Guarantee by a
further 6 (six) months so as to enable claims to be made under this Guarantee
by a further 6 (six) months from the said date with the intent that the validity

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 GENERAL CONDITIONS OF CONTRACT
of this Guarantee shall automatically stand extended by a further 6 (six)
months upon such request by the Corporation.

ii. The Corporation shall have the fullest liberty without reference to the Bank and
without affecting in any way the liability of the Bank under this
Guarantee/undertaking at any time and/or from time to time to amend or vary
the Contract and/or any of the terms and conditions thereof or relative to the
said initial Security Deposit or to extend time for performance of the said
Contract in whole or part or to postpone for any time and/or from time to time
any of the obligations of the Contractor and/or the powers or remedies
exercisable by the Corporation against the Contractor and either to enforce or
forbear from enforcing any of the terms and conditions of or governing the said
Contract or the said Initial Security Deposit or the securities available to the
Corporation or any of them and the Bank shall not be released from its liability
under these presents and the liability of the Bank hereunder shall remain in full
force and effect notwithstanding any exercise by the Corporation of the liberty
with reference to any or all the matters aforesaid or by reason of time being
given to the Contractor or any other forbearance, act or omission on the part of
the Contractor or of any indulgence by the Corporation to the Contractors or of
any other act, matter or thing whatsoever which under the law relating to
sureties or otherwise which could but for the provision have the effect of
releasing the Bank from its liability hereunder or any part thereof and the Bank
hereby specifically waives any and all contrary rights whatsoever.

iii) The obligations of the Bank to the Corporation hereunder shall be as principal
to principal and shall be wholly independent of the contract and it shall not be
necessary for the Corporation to proceed against the Contractor before
proceeding against the Bank and the Guarantee/Undertaking herein contained
shall be enforceable against the Bank notwithstanding the existence of any
other Guarantee/undertaking or security for any indebtedness of the Contractor
to the Corporation (including relative to the said Security Deposit) and
notwithstanding that any such undertaking or security shall at the time when
claim is made against the Bank or proceedings taken against the Bank
hereunder, be outstanding or unrealised.

iv) The amount stated by the Corporation in any demand, claim or notice made
with reference to this guarantee shall as between the Bank and the Corporation
for the purpose of these presents be conclusive of the amount payable by the
Bank to the Corporation hereunder.

v) The liability of the Bank to the Corporation under this Guarantee/undertaking

shall remain in full force and effect notwithstanding the existence of any
difference or dispute between the Contractor and the Corporation, the
Contractor and the Bank and/or the Bank and the Corporation or otherwise
howsoever touching or affecting these presents for the liability of the
Contractor to the Corporation, and notwithstanding the existence of any
instructions or purported instructions by the Contractor or any other person to
the Bank not to pay or for any cause withhold or defer payment to the
Corporation under these presents, with the intent that notwithstanding the
existence of such difference, dispute or instruction, the Bank shall be and
remain liable to make payment to the Corporation in terms hereof.

vi) The Bank shall not revoke this undertaking during its currency except with the
previous consent of the Corporation in writing and also agrees that any change
in the constitution of the Contractor or the Bank or the Corporation shall not
discharge the Bank’s liability hereunder.

vii) Without prejudice to any other mode of service, a demand or claim or other

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 GENERAL CONDITIONS OF CONTRACT
communication may be transmitted by fax. If transmitted by fax, the
transmission shall be complete as soon as acknowledged by bank.

viii) Notwithstanding anything contained herein:

(a) The Bank’s liability under this guarantee/undertaking shall not exceed (Amount
in figures & words):
(b) This guarantee/undertaking shall remain in force upto _______and any
extension(s) thereof; and

(c) The Bank shall be released and discharged from all liability under this
guarantee/undertaking unless a written claim or demand is issued to the Bank
on or before __________ or the date of expiry of any extension(s) thereof if this
guarantee/undertaking has been extended.

ix) The Bank doth hereby declare that Shri (Name of the person signing on behalf of the
Bank) who is _______________ (his designation), is authorised to sign this undertaking
on behalf of the Bank and to bind the Bank hereby.

Dated this ________ day of _____ 200 .

Yours
faithfully,

Signature:
Name & Designation:______________
Name of the Branch:_______________

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 GENERAL CONDITIONS OF CONTRACT

FORM OF BANK GUARANTEE TO

COVER LUMPSUM ADVANCE (MOBILISATION)

BG
NO:_______________
DATED:____________
___
VALID
UPTO___________

INDIAN OIL’CORPQRATION LIMITED

(MARKETING DIVISION)
Address:

Dear Sirs,

WHEREAS Indian Oil Corporation Limited (hereinafter called “the Corporation” which expression
shall include its successor and assigns) has awarded to ___________(Name & Address of the
Contractor) hereinafter called “the Contractor” which expression shall include its successors
and assigns) the work (Name of the Project / Work)_________________________ under and in
terms of a Contract as evidenced by a Letter of Acceptance No.__________________________
dated___________ issued by the Corporation to the Contractor read with the relevant Tender
Documents (hereinafter collectively called “the Contract” which expression shall-include any
formal contract entered into between the Corporation and the Contractor in super session of
the said Letter of Acceptance and all amendments and/or modifications therein or in the terms
of the said advance as herein stipulated)

AND WHEREAS the Corporation has agreed to advance the Contractor, inter-alia, a sum of
Rs._____________ (Rupees______________________________________ only) (hereinafter called
“the said Advance”), upon the condition, inter-alia, that the said Advance together with
interest thereon at the rate of ___% ( percent) per annum on the amount of the said Advance
for the time being outstanding shall without prejudice to any other mode of recovery available
to the Corporation be recoverable by the Corporation by deduction from the gross accepted
amount of any Running Account Bills and the Final Bill of the Contractor commencing from the
first Running Account Bill of the Contractor, and meanwhile, the said Advance shall be secured
by an undertaking from a Bank as hereinafter appearing.

We (Name of the Bank) , a body registered/constituted under the

__________________ Act, having Registered Office/Head Office at _____________________
(hereinafter called the “Bank” which expression shall include its successors and assigns), at the
request of the Contractor and with the intent to bind the Bank and its successors and assigns,
do hereby unconditionally and irrevocably undertake to pay the Corporation at New Delhi
forthwith on first demand without protest or demur or proof or satisfaction and without
reference to the Contractor, any and all amounts demanded from us by the Corporation with
reference to this Undertaking upto an aggregate limit of Rs. _____________ (Rupees
_____________only) and interest thereon at the rate hereinabove provided.

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 GENERAL CONDITIONS OF CONTRACT
AND the Bank doth hereby further agrees as follows : -

i) This Guarantee/Undertaking shall be a continuing guarantee and shall remain

valid and irrevocable for all claims of the corporation upon the Bank made up
to the midnight of_____________ provided that the Bank shall upon the written
request of the Corporation made upon the Bank at any time within 6 (six)
months from the said date extend the validity of the Bank Guarantee by a
further 6 (six) months so as to enable claims to be made under this Guarantee
by a further 6 (six) months from the said date with the intent that the validity
of this Guarantee shall automatically stand extended by a further 6 (six)
months upon such request by the Corporation.

ii) The Corporation shall have the fullest liberty without reference to the Bank and
without affecting in any way the liability of the Bank under this
guarantee/undertaking, at any time and/or from time to time to amend or vary
the contract and/or any of the terms and conditions thereof or relative to the
said Advance and/or to extend time for performance of the said contract in
whole or part and/or payment of the said Advance in whole or part or to
postpone for any time and/or from time to time any of the said obligations of
the Contractor and or the rights, remedies or powers exercisable by the
Corporation against the Contractor and either to enforce or forbear from
enforcing any of the terms and conditions of or governing the said Contract
and/or the said Advance, or the securities, available to the Corporation and the
Bank shall not be released from its liability under these Presents and the
liability of the Bank shall remain in full force and effect notwithstanding any
exercise by the Corporation of the liberty with reference to any or all the
matters aforesaid or by reason of time being- given to the Contractor or any
other forbearance, act or omission on the part of the- Corporation or any
indulgence by the Corporation to the Contractor or of any other act, matter or
thing whatsoever which under any law could (but for this provision) have the
effect of releasing the Bank from its liability hereunder or any part thereof and
the Bank hereby specifically waives any and all contrary rights whatsoever.

iii) The obligations of the Bank to the Corporation hereunder shall be as principal
to principal and shall be wholly independent of the Contract and it shall not be
necessary for the Corporation to proceed against the Contractor before
proceeding against the Bank and the guarantee/undertaking herein contained
shall be enforceable against the Bank as Principal debtor notwithstanding the
existence of any undertaking or security for any indebtedness of the Contractor
to the Corporation (including relative to the said Advance) and notwithstanding
that any such undertaking or security shall at the time when claim is made
against the bank or proceedings taken against the Bank hereunder, be
outstanding or unrealised.

iv) As between the Bank and the Corporation for the purpose of this undertaking,
the amount stated in any claim, demand or notice made by the Corporation on
the Bank with reference to this undertaking shall be final and binding upon the
Bank as to be the amount payable by the Bank to the Corporation hereunder.

v) The liability of the Bank to the Corporation under this undertaking shall remain
in full force and effect notwithstanding the existence of any difference or
dispute between the Contractor and the Corporation, the Contractor and/or the
Bank and/or the Bank and the Corporation or otherwise howsoever touching or
affecting these presents or the liability of the Contractor to the Corporation,
and notwithstanding the existence of any instructions or purported instructions
by the Contractor or any other person to the Bank not to pay or for any cause
withhold or defer payment to the Corporation under these presents, with the
intent that notwithstanding the existence of such difference, dispute or
instruction, the Bank shall be and remain liable to make payment to the
Corporation in terms hereof.
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vi) This undertaking shall not be determined or affected by any change in the
constitution of the Bank or that of the Contractor or the Corporation or any
irregularity in the exercise of borrowing powers by or on behalf of the
Contractor

vii) Without prejudice to any other mode of service, a demand or claim or

other communication may be transmitted by the Corporation to the Bank either
by post or by fax. If transmitted by fax, the transmission shall be complete as
soon as acknowledged by bank.

viii) Notwithstanding anything contained herein: -

(i) The Bank’s liability under this Guarantee/undertaking shall not exceed (Amount
in figures & words):

(ii) This guarantee/undertaking shall remain in force upto ____ and any
extension(s) thereof; and

(iii) The Bank shall be released and discharged from all liability under this
guarantee/undertaking unless a written claim or demand is issued to the Bank
on or before _____ or the date of expiry of any extension(s) thereof if this
9uarantee/undertaking has been extended.

The Bank doth hereby declare that .Shri _____________________ who is the
____________(designation) of the Bank is authorised to sign this Undertaking on behalf
of the Bank and to bind the Bank thereby.

Yours faithfully,

Signature: ____________________

Name:_________________________

Designation &. Name of the Branch:

_______________________________
Dated : ______________

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APPENDIX – III to the GENERAL CONDITIONS OF CONTRACT

SAFETY PRACTICES DURING CONSTRUCTION

1.0 INTRODUCTION

Safety in Construction Management deserves utmost attention especially in the

hydrocarbon industry, such as Exploration, Refineries, Pipelines and Marketing
installations, Gas Processing units etc. Construction is widely recognised as one of the
accident prone activities. Most of the accidents are caused by inadequate planning,
failure during the construction process and/or because of design deficiencies. Besides
property loss, accidents also result in injuries and fatalities to the personnel; same
needs to be prevented.
The reasons for accidents during construction activities are related to unique nature of
the industry, human behavior, difficult work-site conditions, extended odd duty hours,
lack of training & awareness and inadequate safety management. Unsafe working
methods, equipment failure and improper housekeeping also tend to increase the
accident rate in construction.
Ensuring good quality of materials, equipment and competent supervision along with
compliance of standard engineering practices shall go a long way to in built safety into
the system.
The objective of this standard is to provide practical guidance on technical and educa-
tional framework for safety and health in construction with a view to:
(a) Prevent accidents and harmful effects on the health of workers arising
from employment in construction;
(b) Ensure appropriate safety during implementation of construction;
(c) Provide safety practice guidelines for appropriate measures of planning,
control and enforcement.
1.0 SCOPE

This document specifies broad guidelines on safe practices to be adhered to during

construction activities in oil industry. However, before commencing any job, specific
hazards and its effects should be assessed and necessary corrective/preventive actions
should be taken by all concerned. The document is intended only to supplement and
not to replace or supersede the prevailing statutory requirements, which shall also be
followed as applicable. For Personal Protective Equipment, OISD-STD-155 (Part I&II)
shall be referred to. The scope of this document does not include the design aspects
and quality checks during construction.

2.0 DEFINITIONS

Definitions of various terminology are given below:

 Adequate, appropriate or suitable are used to describe qualitatively or

quantitatively the means or method used to protect the worker.

 Brace: A structural member that holds one point in a fixed position with respect to
another point; bracing is a system of structural members designed to prevent
distortion of a structure.

 By hand: The work is done without the help of a mechanised tool.

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 Competent Authority: A stautory agency having the power to issue regulations,

orders or other instructions having the force of law.

 Competent person: A person possessing adequate qualifications, such as suitable

training and sufficient knowledge, experience and skill for the safe performance of
the specific work. The competent authorities may define appropriate criteria for
the designation of such persons and may determine the duties to be assigned to
them.

 Execution agency:
Any physical or legal person, having contractual obligation with the owner, and
who employs one or more workers on a construction site

 Owner:
Any physical or legal person for whom construction job is carried out.
It shall also include owner's designated representative/consultant/nominee/agent,
authorised from time to time to act for and on its behalf, for supervising/
coordinating the activities of the execution agency.

 Hazard: Danger or potential danger.

 Guard-rail: An adequately secured rail erected along an exposed edge to prevent

persons from falling.

 Hoist: A machine, which lifts materials or persons by means of a platform, which

runs on guides.

 Lifting gear: Any gear or tackle by means of which a load can be attached to a
lifting appliance but which does not form an integral part of the appliance or load.

 Lifting appliance: Any stationary or mobile appliance used for raising or lowering
persons or loads.

 Means of access or egress: Passageways, corridors, stairs, platforms, ladders and

any other means for entering or leaving the workplace or for escaping in case of
danger.

 Scaffold: Any fixed, suspended or mobile temporary structure supporting workers

and material or to gain access to any such structure and which is not a lifting
appliance as defined above.

 Toe-board: A barrier placed along the edge of a scaffold platform, runway, etc.,
and secured there to guard against the slipping of persons or the falling of
material.

 Worker: Any person engaged in construction activity.

 Workplace: All places where workers need to be or to go by reason of their work.

3.0 GENERAL DUTIES

3.1 GENERAL DUTIES OF EXECUTION AGENCIES

3.1.1 Execution agency should:

i) Provide means and organisation to comply with the safety and health measures
required at the workplace.

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ii) Provide and maintain workplaces, plant, equipment, tools and machinery and organise
construction work so that, there is no risk of accident or injury to health of workers. In
particular, construction work should be planned, prepared and undertaken so that:
(a) dangers, liable to arise at the workplace, are prevented;
(b) excessively or unnecessarily strenuous work positions and movements are
avoided;
(c) organisation of work takes into account the safety and health of workers;
(d) materials and products used are suitable from a safety and health point of view;
(e) working methods are adopted to safeguard workers against the harmful effects of
chemical, physical and biological agents.
iii) Establish committees with representatives of workers and management or make other
arrangement for the participation of workers in ensuring safe working conditions.
iv) Arrange for periodic safety inspections by competent persons of all buildings, plant,
equipment, tools, machinery, workplaces and review of systems of work, regulations,
standards or codes of practice. The competent person should examine and ascertain the
safety of construction machinery and equipment.
v) Provide such supervision to ensure that workers perform their work with due regard to
safety and health of theirs as well as that of others.
vi) Employ only those workers who are qualified, trained and suited by their age, physique,
state of health and skill.
vii) Satisfy themselves that all workers are informed and instructed in the hazards
connected with their work and environment and trained in the precautions necessary to
avoid accidents and injury to health.
viii) Ensure that buildings, plant, equipment, tools, machinery or workplaces in which a
dangerous defect has been found should not be used until the defect has been
rectified.
ix) Organise for and remain always prepared to take immediate steps to stop the operation
and evacuate workers as appropriate, where there is an imminent danger to the safety
of workers.
x) Establish a checking system by which it can be ascertained that all the members of a
shift, including operators of mobile equipment, have returned to the camp or base at
the close of work on dispersed sites and where small groups of workers operate in
isolation.
xi) Provide appropriate first aid, training and welfare facilities to workers as per various
statutes like the Factories Act, 1948 etc. and, whenever collective measures are not
feasible or are insufficient, provide and maintain personal protective equipment and
clothing in line with the requirement as per OISD-STD-155 (Vol. I& II) on Personnel
Protective Equipment. They should also provide access to workers to occupational
health services.
xii) Educate workers about their right and the duty at any workplace to participate in
ensuring safe working conditions to the extent of their control over the equipment and
methods of work and to express views on working procedures adopted as may affect
safety and health.
xiii) Ensure that except in an emergency, workers, unless duly authorised, should not
interfere with, remove, alter or displace any safety device or other appliance furnished
for their protection or the protection of others, or interfere with any method or process
adopted with a view to avoiding accidents and injury to health.
xiv) Ensure that workers do not operate or interfere with plant and equipment that they
have not been duly authorised to operate, maintain or use.
xv) Ensure that workers do not sleep, rest or cook etc in dangerous places such as
scaffolds, railway tracks, garages, confined spaces or in the vicinity of fires, dangerous
or toxic substances, running machines or vehicles and heavy equipment etc.

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xvii) Obtain the necessary clearance/permits as required and specified by owner

xviii) As per the Govt. circular as amended from time to time all contractors who employ
more than 50 workers or where the contract value exceeds Rs. 50 crores, the following
facilities are to be provided by contractor at site :
 Arrangement for drinking water.
 Toilet facilities.
 A creche where 10 or more women workers are having children below the age of 6
years.
 Transport arrangement for attending to emergencies.
xix) should deploy a safety officer at site.

4.2 GENERAL DUTIES OF OWNERS

4.2.1 Owners should:

i) co-ordinate or nominate a competent person to co-ordinate all activities relating to
safety and health on their construction projects;
ii) inform all contractors on the project of special risks to health and safety;
iii) Ensure that executing agency is aware of the owner's requirements and the
executing agency's responsibilities with respect to safetry practices before starting
the job.
5.0 SAFETY PRACTICES AT WORK PLACES
5.1. GENERAL PROVISIONS
5.1.1 All openings and other areas likely to pose danger to workers should be clearly
indicated.
5.1.2 Workers & Supervisors should use the safety helmet and other requisite Personal
Protective Equipment according to job & site requirement. They should be trained to
use personal protective equipment.
5.1.3 Never use solvents, alkalis and other oils to clean the skin.
5.1.4 Lift the load with back straight and knees bent as far as possible. Seek the help in case
of heavy load.
5.1.5 Ensure the usage of correct and tested tools and tackles. Don't allow the make shift
tools and tackles.
5.1.6 No loose clothing should be allowed while working near rotating equipment or working
at heights.
5.2 MEANS OF ACCESS AND EGRESS

Adequate and safe means of access (atleast two, differently located) to and egress
from all workplaces should be provided. Same should be displayed and maintained.
5.3 HOUSEKEEPING

5.3.1 Ensure:
i) proper storage of materials and equipment;
ii) removal of scrap, inflammable material, waste and debris at appropriate intervals.
5.3.2 Removal of loose materials, which are not required for use, to be ensured.
Accumulation of these at the site can obstruct means of access to and egress from
workplaces and passageways.
5.3.3 Workplaces and passageways, that are slippery owing to oil, grease or other causes,
should be cleaned up or strewn with sand, sawdust, ash etc.

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5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS & PERSONS AND COLLAPSE OF
STRUCTURES

5.4.1 Precautions should be taken such as the provision of fencing, look-out men or barriers
to protect any person against injury by the fall of materials, or tools or equipment
being raised or lowered.
5.4.2 Where necessary to prevent danger, guys, stays or supports should be used or other
effective precautions should be taken to prevent the collapse of structures or parts of
structures that are being erected, maintained, repaired, dismantled or demolished.
5.4.3 All openings through which workers are liable to fall should be kept effectively covered
or fenced and displayed prominently.
5.4.4 As far as practicable, guardrails and toe-boards should be provided to protect workers
from falling from elevated workplaces.
5.5 PREVENTION OF UNAUTHORISED ENTRY

5.5.1 Construction sites located in built-up areas and alongside vehicular and pedestrian
traffic routes should be fenced to prevent the entry of unauthorised persons.
5.5.2 Visitors should not be allowed access to construction sites unless accompanied by or
authorised by a competent person and provided with the appropriate protective
equipment.
5.6 FIRE PREVENTION AND FIRE FIGHTING

5.6.1 All necessary measures should be taken by the executing agency and owner to:
i) avoid the risk of fire;
ii) control quickly and efficiently any outbreak of fire;
iii) bring out a quick and safe evacuation of persons.
iv) Inform unit/fire station control room, where construction work is carried out within
existing operating area.
5.6.2 Combustible materials such us packing materials, sawdust, greasy/oily waste and scrap
wood or plastics should not be allowed to accumulate in workplaces but should be kept
in closed metal containers in a safe place.
5.6.3 Places where workers are employed should, if necessary to prevent the danger of fire,
be provided with:
i) suitable and sufficient fire-extinguishing equipment, which should be easily visible
and accessible;
ii) an adequate water supply at sufficient pressure meeting the requirements of
various OISD standards.
5.6.4 To guard against danger at places having combustible material, workers should be
trained in the action to be taken in the event of fire, including the use of means of
escape.
5.6.5 At sites having combustible material, suitable visual signs should be provided to
indicate clearly the direction of escape in case of fire.
5.6.6 Means of escape should be kept clear at all times. Escape routes should be frequently
inspected particularly in high structures and where access is restricted.

5.7 LIGHTING

5.7.1 Where natural lighting is not adequate, working light fittings or portable hand-lamps
should be provided at workplace on the construction site where a worker will do a job.

5.7.2 Emergency lighting should be provided for personnel safety during night time to
facilitate standby lighting source, if normal system fails.
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5.7.2 Artificial lighting should not produce glare or disturbing shadows.
5.7.3 Lamps should be protected by guards against accidental breakage.
5.7.4 The cables of portable electrical lighting equipment should be of adequate size &
characteristics for the power requirements and of adequate mechanical strength to
withstand severe conditions in construction operations.

5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS

5.8.1 General Provisions

i) Plant, machinery and equipment including hand tools, both manual and power
driven, should:
a) be of proper design and construction, taking into account health, Safety and
ergonomic principles.
b) be maintained in good working order;
c) be used only for work for which they have been designed.
d) be operated only by workers who have been authorised and given
appropriate training.
e) be provided with protective guards, shields or other devices as
required.
ii) Adequate instructions for safe use should be provided.
iii) Safe operating procedures should be established and used for all plant,
machinery and equipment.
iv) Operators of plant, machinery and equipment should not be distracted while
work is in progress.
v) Plant, machinery and equipment should be switched off when not in use and
isolated before any adjustment, clearing or maintenance is done.
vi) Where trailing cables or hose pipes are used they should be kept as short as
practicable and not allowed to create a hazard.
vii) All moving parts of machinery and equipment should be enclosed or adequately
guarded.
viii) Every power-driven machine and equipment should be provided with adequate
means, immediately accessible and readily identifiable to the operator, of
stopping it quickly and preventing it from being started again inadvertently.
ix) Operators of plant, machinery, equipment and tools should be provided with
PPEs, including where necessary, suitable ear protection.
5.8.2 Hand tools
i) Hand tools should be repaired by competent persons.
ii) Heads of hammers and other shock tools should be dressed or ground to a
suitable radius on the edge as soon as they begin to mushroom or crack.
iii) When not in use and while being carried or transported sharp tools should be
kept in sheaths, shields, chests or other suitable containers.
iv) Only insulated or nonconducting tools should be used on or near live electrical
installations.
v) Only non-sparking tools should be used near or in the presence of flammable or
explosive dusts or vapours.

5.8.3 Pneumatic Tools

i) Operating triggers on portable pneumatic tools should be:

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a) so placed as to minimise the risk of accidental starting of the machine.
b) so arranged as to close the air inlet valve automatically when the pressure of
the operator's hand is removed.

ii) Hose and hose connections for compressed air supply to portable pneumatic
tools should be:

a) designed and tested for the pressure and service for which they are intended;
b) fastened securely on the pipe outlet and equipped with the safety chain, as
appropriate.
iii) Pneumatic shock tools should be equipped with safety clips or retainers to
prevent dies and tools from being accidentally expelled from the barrel.
iv) Pneumatic tools should be disconnected from power and the pressure in hose
lines released before any adjustment or repair is made.
5.8.4 Electrical Tools

i) Low voltage portable electrical tools should generally be used.

ii) All electrical tools should be earthed, unless they are "all insulated" or "double
insulated" tools which do not require earthing.
iii) All electrical tools should get inspected and maintained on a regular basis by a
competent electrician and complete records kept.
5.8.5 Engines
i) Engines should:
a) be installed so that they can be started safely and the maximum safe
speed cannot be exceeded.
b) have controls for limiting speed.
c) have devices to stop them from a safe place in an emergency.
ii) IC engines should not be run in confined spaces unless adequate exhaust
ventilation is provided.

iii) When IC engines are being fuelled:

a) the engine should be shut off.

b) care should be taken to avoid spilling fuel;
c) no person should smoke or have an naked light in the vicinity.
d) a fire extinguisher should be kept readily available.
iv) Secondary fuel reservoir should be placed outside the engine room.

6.0 CONSTRUCTION ACTIVITIES

The various common activities in construction are as under:

 Excavation
 Scaffolding, Platforms & Ladders
 Structural Work, Laying of Reinforcement & Concreting
 Road Work (Laying of roads)
 Cutting /Welding
 Working in Confined Space
 Proof/Pressure Testing
 Working at Heights
 Handling & Lifting Equipments
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 Vehicle Movement
 Electrical
 Offshore
 Demolition
 Radiography
 Sand/shot blasting/ spray painting
 Work above water
The safe practices to be followed during the implementation of above construction
activities are given below:
6.1 EXCAVATION

6.1.1 All excavation work should be planned and the method of excavation and the type of
support work required should be decided considering the following:
i) the stability of the ground;
ii) the excavation will not affect adjoining buildings, structures or roadways;
iii) to prevent hazard, the gas, water, electrical and other public utilities should be shut
off or disconnected, if necessary;
iv) presence of underground pipes, cable conductors, etc.,
v) the position of culvert/bridges, temporary roads and spoil heaps should be
determined;
6.1.2 Before digging begins on site, all excavation work should be planned and the method of
excavation and the type of support work required decided.
6.1.3 All excavation work should be supervised.
6.1.4 Sites of excavations should be thoroughly inspected:
i) daily, prior to each shift and after interruption in work of more than one day;
ii) after every blasting operation;
iii) after an unexpected fall of ground;
iv) after substantial damage to supports;
v) after a heavy rain, frost or snow;
vi) when boulder formations are encountered.
6.1.5 Safe angle of repose while excavating trenches exceeding 1.5m depth upto 3.0m should
be maintained. Based on site conditions, provide proper slope, usually 45 0,and suitable
bench of 0.5m width at every 1.5m depth of excavation in all soils except hard rock or
provide proper shoring and strutting to prevent cave-in or slides.
6.1.6 As far as possible, excavated earth should not be placed within one meter of the edge
of the trench or depth of trench whichever is greater.
6.1.7 Don't allow vehicles to operate too close to excavated area. Maintain atleast 2m
distance from edge of excavation. No load, plant or equipment should be placed or
moved near the edge of any excavation where it is likely to cause its collapse and
thereby endanger any person unless precautions such as the provision of shoring or
piling are taken to prevent the sides from collapsing.
6.1.8 Adequately anchored stop blocks and barriers should be provided to prevent vehicles
being driven into the excavation. Heavy vehicles should not be allowed near the exca-
vation unless the support work has been specially designed to permit it.
6.1.9 If an excavation is likely to affect the security of a structure on which persons are
working, precautions should be taken to protect the structure from collapse.
6.1.10 Barricade at 1m height (with red & white band/self glowing caution board) should be
provided for excavations beyond 1.5m depth. Provide two entries/exits for such
excavation.

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6.1.11 Necessary precautions should be taken for underground utility lines like cables, sewers
etc. and necessary approvals/clearances from the concerned authorities shall be
obtained before commencement of the excavation job.
6.1.12 Water shall be pumped/bailed out, if any accumulates in the trench. Necessary
precautions should be taken to prevent entry of surface water in trenches.
6.1.13 During rains, the soil becomes loose. Take additional precaution against collapse of side
wall.
6.1.14 In hazardous areas, air should be tested to ascertain its quality. No one should be
allowed entry till it is suitable for breathing.
6.1.15 In case of mechanised excavation, precaution shall be taken to not to allow anybody to
come within one meter of extreme reach of the mechanical shovel. The mechanised
excavator shall be operated by a well-trained experienced operator. When not in
operation, the machine shall be kept on firm leveled ground with mechanical shovel
resting on ground. Wheel or belt shall be suitably jammed to prevent any accidental
movement of the machine. Suitable precautions as per manufacturer guidelines should
be taken for dozers, graders and other heavy machines.
6.1.16 In case of blasting, follow strictly IS:4081-1986 & Indian Explosive Act and rules for
storage, handling and carrying of explosive materials and execution of blasting
operation.

6.2 SCAFFOLDING, PLATFORMS & LADDERS

6.2.1 Metal as material of construction

i) A scaffold should be provided and maintained or other equally safe and suitable
provision should be made where work cannot safely be done on or from the
ground or from part of a building or other permanent structure.
ii) Scaffolds should be provided with safe means of access, such as stairs, ladders or
ramps. Ladders should be secured against inadvertent movement.
iii) Every scaffold should be constructed, erected and maintained so as to prevent
collapse or accidental displacement when in use.
iv) Every scaffold and part thereof should be constructed :
(a) in such a way so as not to cause hazards for workers during erection and
dismantling;
(b) in such a way so as guard rails and other protective devices, platforms,
ladders, stairs or ramps can be easily put together;
(c) with sound material and of requisite size and strength for the purpose for
which it is to be used and maintained in a proper condition.
v) Boards and planks used for scaffolds should be protected against splitting.
vi) Materials used in the construction of scaffolds should be stored under good
conditions and apart from any material unsuitable for scaffolds.
vii) Couplers should not cause deformation in tubes. Couplers should be made of
drop forged steel or equivalent material.
viii) Tubes should be free from cracks, splits and excessive corrosion and be straight
to the eye, and tube ends cut cleanly square with the tube axis.
ix) Scaffolds should be designed for their maximum load as per relevant code.
x) Scaffolds should be adequately braced.
xi) Scaffolds which are not designed to be independent should be rigidly connected
to the building at designated vertical and horizontal places.

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xii) A scaffold should never extend above the highest anchorage to an extent which
might endanger its stability and strength.
xiii) Loose bricks, drainpipes, chimney-pots or other unsuitable material should not
be used for the construction or support of any part of a scaffold.
xiv) Scaffolds should be inspected and certified:
(a) before being taken into use;
(b) at periodic intervals thereafter as prescribed for different types of
scaffolds;
(c) after any alteration, interruption in use, exposure to weather or seismic
conditions or any other occurrence likely to have affected their strength
or stability.
xv) Inspection should more particularly ascertain that:
(a) the scaffold is of suitable type and adequate for the job;
(b) materials used in its construction are sound and of sufficient strength;
(c) it is of sound construction and stable;
(d) that the required safeguards are in position.
xvi) A scaffold should not be erected, substantially altered or dismantled except by
or under the supervision.
xvii) Every scaffold should be maintained in good and proper condition, and every
part should be kept fixed or secured so that no part can be displaced in
consequence of normal use.
xviii) If out-rigger scaffolding is to be used, it should be specifically designed and
inspected before putting in use.
6.2.2 Lifting appliances on scaffolds

i) When a lifting appliance is to be used on a scaffold:

(a) the parts of the scaffold should be carefully inspected to determine the
additional strengthening and other safety measures required;
(b) any movement of the scaffold members should be prevented;
(c) if practicable, the uprights should be rigidly connected to a solid part of
the building at the place where the lifting appliance is erected.
6.2.3 Prefabricated scaffolds

i) In the case of prefabricated scaffold systems, the instructions provided by the

manufacturers or suppliers should be strictly adhered to. Prefabricated scaffolds
should have adequate arrangements for fixing bracing.
ii) Frames of different types should not be intermingled in a single scaffold.
iii) Scaffolding shall be erected on firm and level ground.
iv) All members of metal scaffolding shall be checked periodically to screen out
defective / rusted members. All joints should be properly lubricated for easy
tightening.
v) Entry to scaffolding should be restricted.
vi) Erection, alteration and removal shall be done under supervision of experienced
personnel.
vii) Use of barrels, boxes, loose bricks etc., for supporting platform shall not be
permitted.
viii) Each supporting member of platform shall be securely fastened and braced
ix) Where planks are butt-joined, two parallel putlogs shall be used, not more than
100mm apart, to give support to each plank.

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x) Platform plank shall not project beyond its end support to a distance exceeding
4 times the thickness of plank, unless it is effectively secured to prevent tipping.
Cantilever planks should be avoided.
xi) The platform edges shall be provided with 150mm high toe board to eliminate
hazards of tools or other objects falling from platform.
xii) Erect ladders in the “four up-one out position”
xiii) Lash ladder securely with the structure.
xiv) Using non-slip devices, such as, rubber shoes or pointed steel ferules at the
ladder foot, rubber wheels at ladder top, fixing wooden battens, cleats etc.
xv) When ladder is used for climbing over a platform, the ladder must be of
sufficient length, to extend at least one meter above the platform, when
erected against the platform in “four up-one out position.”
xvi) Portable ladders shall be used for heights not more than 4mt. Above 4mt flights,
fixed ladders shall be provided with at least 600 mm landings at every 6mt or
less.
xvii) The width of ladder shall not be less than 300mm and rungs shall be spaced not
more than 300mm.
xviii) Every platform and means of access shall be kept free from obstruction.
xix) If grease, mud, gravel, mortar etc., fall on platform or scaffolds, these shall be
removed immediately to avoid slippage.
xx) Workers shall not be allowed to work on scaffolds during storms or high wind.
After heavy rain or storms, scaffolds shall be inspected before reuse.
xxi) Don't overload the scaffolding. Remove excess material and scrap immediately.
xxii) Dismantling of scaffolds shall be done in a pre-planned sequential manner.

6.2.4 Suspended scaffolds/boatswain’s chair

i) In addition to the requirements for scaffolds in general as regards soundness,

stability and protection against the risk of falls, suspended scaffolds should meet the
following specific requirements.
(a) platforms should be designed and built with dimensions that are compatible
with the stability of the structure as a whole, especially the length;
(b) the number or anchorage should be compatible with the dimensions of the
platform;
(c) the safety of workers should be safeguarded by an extra rope having a point
of attachment independent of the anchorage arrangements of the scaffold;
(d) the anchorage and other elements of support of the scaffold should be
designed and built in such a way as to ensure sufficient strength;
(e) the ropes, winches, pulleys or pulley blocks should be designed, assembled,
used and maintained according to the requirements established for lifting
gear adapted to the lifting of persons according to national laws and
regulations;
(f) Before use, the whole structure should be checked by a competent person.
6.2.5 Bamboo Scaffolding

i) In general, it should be avoided as far as possible. It should not be used in the

unit/off-site areas and where hot work is to be done.
ii) For construction and maintenance of residential and office buildings, situated
outside explosive licensed area, bamboo scaffold, if used, should conform to
provisions given in lS-3696 (Part 1)-1987.

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6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING
6.3.1 General provisions

i) The erection or dismantling of buildings, structures, civil engineering works,

formwork, falsework and shoring should be carried out by trained workers only
under the supervision of a competent person.
ii) Precautions should be taken to guard against danger to workers arising from any
temporary state of weakness or instability of a structure.
iii) Formwork, falsework and shoring should be so designed, constructed and
maintained that it will safely support all loads that may be imposed on it.
iv) Formwork should be so designed and erected that working platforms, means of
access, bracing and means of handling and stabilising are easily fixed to the
formwork structure.
6.3.2. Erection and dismantling of steel and prefabricated structures

i) The safety of workers employed on the erection and dismantling of steel and
prefabricated structures should be ensured by appropriate means, such as
provision and use of:
(a) ladders, gangways or fixed platforms;
(b) platforms, buckets, boatswain's chairs or other appropriate means
suspended from lifting appliances;
(c) safety harnesses and lifelines, catch nets or catch platforms;
(d) Power-operated mobile working platforms.

ii) Steel and prefabricated structures should be so designed and made that they
can be safely transported and erected.
iii) In addition to the need for the stability of the part when erected, the design
should explicitly take following into account:
(a) the conditions and methods of attachment in the operations of transport,
storing and temporary support during erection or dismantling as applicable;
(b) Methods for the provision of safeguards such as railings and working platforms,
and, when necessary, for mounting them easily on the structural steel or
prefabricated parts.
iv) The hooks and other devices built in or provided on the structural steel or
prefabricated parts that are required for lifting and transporting them should
be so shaped, dimensioned and positioned as:
(a) to withstand with a sufficient margin the stresses to which they are subjected;
(b) Not to set up stresses in the part that could cause failures, or stresses
in the structure itself not provided for in the plans, and be designed to permit
easy release from the lifting appliance. Lifting points for floor and staircase
units should be located (recessed if necessary) so that they do not protrude
above the surface;
(c) To avoid imbalance or distortion of the lifted load.
v) Storeplaces should be so constructed that:
(a)there is no risk of structural steel or prefabricated parts falling or overturning;
(b) storage conditions generally ensure stability and avoid damage having
regard to the method of storage and atmospheric conditions;
(c) racks are set on firm ground and designed so that units cannot move
accidentally.

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vi) While they are being stored, transported, raised or set down, structural steel or
prefabricated parts should not be subjected to stresses prejudicial to their stability.
vii) Every lifting appliance should:
(a)be suitable for the operations and not be capable of accidental disconnection;
(b) be approved or tested as per statutory requirement.
viii) Lifting hooks should be of the self-closing type or of a safety type and should
have the maximum permissible load marked on them.
ix) Tongs, clamps and other appliances for lifting structural steel and
prefabricated parts should:
(a)be of such shape and dimensions as to ensure a secure grip without damaging the
part;
(b) be marked with the maximum permissible load in the most unfavourable lifting
conditions.
x) Structural steel or prefabricated parts should be lifted by methods or appliances that
prevent them from spinning accidentally.
xi) When necessary to prevent danger, before they are raised from the ground,
structural steel or prefabricated parts should be provided with safety devices such as
railings and working platforms to prevent falls of persons.
xii) While structural steel or prefabricated parts are being erected, the workers
should be provided with appliances for guiding them as they are being lifted and set
down, so as to avoid crushing of hands and to facilitate the operations. Use of such
appliances should be ensured.
xiii) A raised structural steel or prefabricated part should be so secured and wall
units so propped that their stability cannot be imperiled, even by external agencies
such as wind and passing loads before its release from the lifting appliance.
xiv) At work places, instruction should be given to the workers on the methods,
arrangements and means required for the storage, transport, lifting and erection of
structural steel or prefabricated parts, and, before erection starts, a meeting of all
those responsible should be held to discuss and confirm the requirements for safe
erection.
xv) During transportation within the construction area, attachments such as slings
and stirrups mounted on structural steel or prefabricated parts should be securely
fastened to the parts.
xvi) Structural steel or prefabricated parts should be so transported that the
conditions do not affect the stability of the parts or the means of transport result in
jolting, vibration or stresses due to blows, or loads of material or persons.
xvii) When the method of erection does not permit the provision of other means of
protection against fall of persons, the workplaces should be protected by guardrails,
and if appropriate by toe-boards.
xviii) When adverse weather conditions such as snow, ice and wind or reduced
visibility entail risks of accidents, the work should be carried on with particular care,
or, if necessary, interrupted.
xix) Structures should not be worked on during violent storms or high winds, or
when they are covered with ice or snow, or are slippery from other causes.
xx) If necessary, to prevent danger, structural steel parts should be equipped with
attachments for suspended scaffolds, lifelines or safety harnesses and other means of
protection.
xxi) The risks of falling, to which workers moving on high or sloping girders are
exposed, should be limited by all means of adequate collective protection or, where
this is impossible, by the use of a safety harness that is well secured to a strong
support.
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xxii) Structural steel parts that are to be erected at a great height should as far as
practicable be assembled on the ground.
xxiii) When structural steel or prefabricated parts are being erected, a sufficiently
extended area underneath the workplace should be barricaded or guarded
xxiv) Steel trusses that are being erected should be adequately shored, braced or
guyed until they are permanently secured in position.
xxv) Load-bearing structural member should not be dangerously weakened by
cutting, holing or other means.
xxvi) Structural members should not be forced into place by the hoisting machine
while any worker is in such a position that he could be injured by the operation.
xxvii) Open-web steel joists that are hoisted singly should be directly placed in
position and secured against dislodgment.
6.3.3 Reinforcement

i) Ensure that workers use Personnel Protective equipment like safety helmet,
safety shoes, gloves etc.
ii) Don't place the hand below the rods for checking clear distance. Use measuring
devices.
iii) Don't wear loose clothes while checking the rods.
iv) Don't stand unnecessarily on cantilever rods.
v) To carry out welding/cutting of rods, safety procedures/precautions as
mentioned in Item No. 6.5 to be followed.
vi) For supplying of rods at heights, proper staging and/or bundling to be provided.
vii) Ensure barricading and staging for supplying and fixing of rods at height.
viii) For short distance carrying of materials on shoulders, suitable pads to be
provided.
ix) While transporting material by trucks/trailers, the rods shall not protrude in
front of or by the sides of driver's cabin. In case such protrusion cannot be
avoided behind the deck, then it should not extend 1/3 rd of deck length or 1.5M
which ever is less and tied with red flags/lights.
6.3.4 Concreting

i) Ensure stability of shuttering work before allowing concreting.

ii) Barricade the concreting area while pouring at height/depths.
iii) Keep vibrator hoses, pumping concrete accessories in healthy conditions and
mechanically locked.
iv) Pipelines in concrete pumping system shall not be attached to temporary
structures such as scaffolds and formwork support as the forces and movements
may effect their integrity.
v) Check safety cages & guards around moving motors/parts etc. provided in
concreting mixers.
vi) Use Personal Protective Equipment like gloves, safety shoes etc. while dealing
with concrete and wear respirators for dealing with cement.
vii) Earthing of electrical mixers, vibrators, etc. should be done and verified.
viii) Cleaning of rotating drums of concrete mixers shall be done from outside.
Lockout devices shall be provided where workers need to enter.

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ix) Where concrete mixers are driven by internal combustion engine, exhaust points
shall be located away from the worker's workstation so as to eliminate their
exposure to obnoxious fumes.
x) Don't allow unauthorised person to stand under the concreting area.
xi) Ensure adequate lighting arrangements for carrying out concrete work during
night.
xii) Don't allow the same workers to pour concrete round the clock. Insist on shift
pattern.
xiii) During pouring, shuttering and its supports should be continuously watched for
defects.
6.4 ROAD WORK

6.4.1 Site shall be barricaded and provided with warning signs, including night warning lamps
at appropriate locations for traffic diversion.
6.4.2 Filled and empty bitumen drums shall be stacked separately at designated places.
6.4.3 Mixing aggregate with bitumen shall preferably be done with the help of bitumen batch
mixing plant, unless operationally non-feasible.
6.4.4 Road rollers, Bitumen sprayers, Pavement finishers shall be driven by experienced
drivers with valid driving license.
6.4.5 Workers handling hot bitumen sprayers or spreading bitumen aggregate mix or mixing
bitumen with aggregate, shall be provided with PVC hand gloves and rubber shoes with
legging up to knee joints.
6.4.6 At the end of day's work, surplus hot bitumen in tar boiler shall be properly covered by
a metal sheet, to prevent anything falling in it,
6.4.7 If bitumen accidentally falls on ground, it shall be immediately covered by sprinkling
sand, to prevent anybody stepping on it. Then it shall be removed with the help of
spade.
6.4.8 For cement concrete roads, besides site barricading and installation of warning signs for
traffic diversion, safe practices mentioned in the chapter on "Concreting", shall also be
applicable.
6.5 CUTTING/WELDING

6.5.1 Common hazards involved in welding/cutting are sparks, molten metal, flying particles,
harmful light rays, electric shocks etc. Following precautions should be taken: -
i) A dry chemical type fire extinguisher shall be made available in the work area.
ii) Adequate ventilation shall be ensured by opening manholes and fixing a shield or
forced circulation of air etc, while doing a job in confined space.
iii) Ensure that only approved and well-maintained apparatus, such as torches,
manifolds, regulators or pressure reducing valves, and acetylene generators, be
used.
iv) All covers and panels shall be kept in place, when operating an electric Arc
welding machine.
v) The work piece should be connected directly to Power supply, and not indirectly
through pipelines/structures/equipments etc.
vi) The welding receptacles shall be rated for 63 A suitable for 415V, 3-Phase
system with a scraping earth. Receptacles shall have necessary mechanical
interlocks and earthing facilities.

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vii) All cables, including welding and ground cables, shall be checked for any worn
out or cracked insulation before starting the job. Ground cable should be
separate without any loose joints.
viii) Cable coiling shall be maintained at minimum level, if not avoidable.
ix) An energised electrode shall not be left unattended.
x) The power source shall be turned off at the end of job.
xi) All gas cylinders shall be properly secured in upright position.
xii) Acetylene cylinder shall be turned and kept in such a way that the valve outlet
points away from oxygen cylinder.
xiii) Acetylene cylinder key for opening valve shall be kept on valve stem, while
cylinder is in use, so that the acetylene cylinder could be quickly turned off in
case of emergency. Use flash back arrestors to prevent back-fire in
acetylene/oxygen cylinder.
xiv) When not in use, valves of all cylinders shall be kept closed.
xv) All types of cylinders, whether full or empty, shall be stored at cool, dry place
under shed.
xvi) Forced opening of any cylinder valve should not be attempted.
xvii) Lighted gas torch shall never be left unattended.
xviii) Store acetylene and oxygen cylinders separately.
xix) Store full and empty cylinders separately.
xx) Avoid cylinders coming into contact with heat.
xxi) Cylinders that are heavy or difficult to carry by hand may be rolled on their
bottom edge but never dragged.
xxii) If cylinders have to be moved, be sure that the cylinder valves are shut off.
xxiii) Before changing torches, shut off the gas at the pressure reducing regulators and
not by crimping the hose.
xxiv) Do not use matches to light torches, use a friction lighter.
xxv) Move out any leaking cylinder immediately.
xxvi) Use trolleys for oxygen & acetylene cylinder and chain them.
xxvii) Always use Red hose for acetylene and other fuel gases and Black for oxygen,
and ensure that both are in equal length.
xxviii) Ensure that hoses are free from burns, cuts and cracks and properly clamped.
xxix) Avoid dragging hoses over sharp edges and objects
xxx) Do not wrap hoses around cylinders when in use or stored.
xxxi) Protect hoses from flying sparks, hot slag, and other hot objects.
xxxii) Lubricants shall not be used on Ox-fuel gas equipment.
xxxiii) During cutting/welding, use proper type goggles/face shields.
6.6 WORKING IN CONFINED SPACES

6.6.1 Following safety practices for working in confined space like towers, columns, tanks
and other vessels should be followed in addition to the safety guidelines for specific
jobs like scaffolding, cutting/welding etc.

i) Shut down, isolate, depressurise and purge the vessel as per laid down
procedures.

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ii) Entry inside the vessel and to carry out any job should be done after issuance of
valid permit only in line with the requirement of OISD-STD-105.
iii) Ensure proper and accessible means of exit before entry inside a confined space.
iv) The number of persons allowed inside the vessel should be limited to avoid
overcrowding.
v) When the work is going on in the confined space, there should always be one
man standby at the nearby manway.
vi) Before entering inside the vessels underground or located at lower elevation,
probability of dense vapours accumulating nearby should also be considered in
addition to inside the vessel.
vii) Ensure requisite O2 level before entry in the confined space and monitor level
periodically or other wise use respiratory devices.
viii) Check for no Hydrocarbon or toxic substances before entry and monitor level
periodically or use requisite Personal Protective Equipment.
ix) Ensure adequate ventilation or use respiratory devices.
x) Depending upon need, necessary respirator system, gas masks and suit shall be
worn by everyone entering confined space. In case of sewer, OWS or in the
confined area where there is a possibility of toxic or inert gas, gas masks shall be
used by everyone while entering.
xi) Barricade the confined spaces during hoisting, radiography, blasting, pressure
testing etc.
xii) Use 24V flameproof lamp fittings only for illumination.
xiii) Use tools with air motors or electric tools with maximum voltage of 24V.
xiv) House keeping shall be well maintained.
xv) Safety helmet, safety shoes and safety belt shall be worn by everyone entering
the confined space.
xvi) Don't wear loose clothing while working in a confined space.
xvii) In case of the vessels which are likely to contain pyropheric substances (like Iron
Sulphide), special care need to be taken before opening the vessel. Attempt
should be made to remove the pyropheric substances. Otherwise, these should
be always kept wet by suitable means.
xviii) The cutting torches should also be kept outside the vessel immediately after the
cutting.
xix) The gas cylinders used for cutting/welding shall be kept outside.
xx) All cables, hoses, welding equipment etc., shall be removed from confined space
at end of each work day, even if the work is to be resumed in the same space
the next day.
xxi) To the extent possible sludge shall be cleared and removed from outside before
entering.
xxii) No naked light or flame or hot work such as welding, cutting and soldering
should be permitted inside a confined space or area unless it has been made
completely free of the flammable atmosphere, tested and found safe by a
competent person. Only non-sparking tools and flameproof hand lamps protected
with guard and safety torches should be used inside such confined space or area
for initial inspection, cleaning or other work required to be done for making the
area safe.
xxiii) Communication should be always maintained between the worker and the
attendant.

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6.7 PROOF/PRESSURE TESTING

6.7.1 Review test procedure before allowing testing with water or air or any other fluid.
6.7.2 Provide relief valves of adequate size while testing with air or other gases.
6.7.3 Ensure compliance of necessary precautions, step wise loading, tightening of fasteners,
grouting etc. before and during testing.
6.7.4 Inform all concerned in advance of the testing.
6.7.5 Keep the vents open before opening any valve for filling/draining of liquid used for
hydrotesting. The filling/draining should not exceed the designed rate for pressure
testing.
6.7.6 Provide separate gauges of suitable range for pressurising pump and the equipment to
be tested.
6.7.7 Provide gauges at designated locations for monitoring of pressures.
6.7.8 Check the calibration of all pressurising equipment and accessories and maintain
records.
6.7.9 Take readings at pre-defined intervals.
6.8 WORKING AT HEIGHTS
6.8.1 General Provision

i) While working at a height of more than 3 meters, ISI approved safety belt shall
be used.
ii) While working at a height of more than 3 meters, permit should be issued by
competent person before commencement of the job.
iii) Worker should be well trained on usage of safety belt including its proper usage
at the time of ascending/descending.
iv) All tools should be carried in tool kits to avoid their falling.
v) If the job is on fragile/sloping roof, roof walk ladders shall be used.
vi) Provide lifeline wherever required.
vii) Additional safety measures like providing Fall Arrestor type Safety belt, safety
net should be provided depending upon site conditions, job requirements.
viii) Keep working area neat and clean. Remove scrap material immediately.
ix) Don't throw or drop material/equipment from height.
x) Avoid jumping from one member to another. Use proper passageway.
xi) Keep both hands free while climbing. Don't try to bypass the steps of the ladder.
xii) Try to maintain calm at height. Avoid over exertion.
xiii) Avoid movements on beam.
xiv) Elevated workplaces including roofs should be provided with safe means of
access and egress such as stairs, ramps or ladders.
6.8.2 Roof Work

i) All roof-work operations should be pre-planned and properly supervised.

ii) Roof work should only be undertaken by workers who are physically and
psychologically fit and have the necessary knowledge and experience for such
work.
iii) Work on roofs shouldn't be carried on in weather conditions that threaten the
safety of workers.

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iv) Crawling boards, walkways and roof ladders should be securely fastened to a
firm structure.
v) Roofing brackets should fit the slope of the roof and be securely supported.
vi) Where it is necessary for a person to kneel or crouch near the edge of the roof,
necessary precautions should be taken.
vii) On a large roof where work have to be carried out at or near the edge, a simple
barrier consisting of crossed scaffold tubes supporting a tubing guardrail may be
provided.
viii) All covers for openings in roofs should be of substantial construction and be
secured in position.
ix) Roofs with a pitch of more than 10 should be treated as sloping.
x) When work is being carried out on sloping roofs, sufficient and suitable crawling
boards or roof ladders should be provided and firmly secured in position.
xi) During extensive work on the roof, strong barriers or guardrails and toe-boards
should be provided to stop a person from falling off the roof.
xii) Where workers are required to work on or near roofs or other places covered
with fragile material, through which they are liable to fall, they should be
provided with suitable roof ladders or crawling boards strong enough and when
spanning across the supports for the roof covering to support those workers.
xiii) A minimum of two boards should be provided so that it is not necessary for a
person to stand on a fragile roof to move a board or a ladder, or for any other
reason.
6.8.3 Work on tall chimneys

i) For the erection and repair of tall chimneys, scaffolding should be provided. A safety
net should be maintained at a suitable distance below the scaffold.
ii) The scaffold floor should always be at least 65 cm below the top of the chimney.
iii) Under the working floor of the scaffolding the next lower floor should be left in
position as a catch platform.
iv) The distance between the inside edge of the scaffold and the wall of the
chimney should not exceed 20 cm at any point.
v) Catch platforms should be erected over:
(a) the entrance to the chimney;
(b) Passageways and working places where workers could be endangered by
falling objects.
vi) For climbing tall chimneys, access should be provided by:
(a) stairs or ladders;
(b) a column of iron rungs securely embedded in the chimney wall;
(c) Other appropriate means.
vii) When workers use the outside rungs to climb the chimney, a securely fastened
steel core rope looped at the free end and hanging down at least 3 m should be
provided at the top to help the workers to climb on to the chimney.
viii) While work is being done on independent chimneys the area surrounding the
chimney should be enclosed by fencing at a safe distance.
ix) Workers employed on the construction, alteration, maintenance or repair of tall
chimneys should not:
a) work on the outside without a safety harness attached by a lifeline to a rung,
ring or other secure anchorage;

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b) put tools between the safety harness and the body or in pockets not intended
for the purpose;
c) haul heavy materials or equipment up and down by hand to or from the
workplace on the chimney;
d) fasten pulleys or scaffolding to reinforcing rings without first verifying their
stability;
e) work alone;
f) climb a chimney that is not provided with securely anchored ladders or rungs;
g) Work on chimneys in use unless the necessary precautions to avoid danger
from smoke and gases have been taken.
x) Work on independent chimneys should not be carried on in high winds, icy conditions,
fog or during electrical storms.
6.9 HANDLING AND LIFTING EQUIPMENT:
6.9.1 General Provisions

Following are the general guidelines to be followed with regard to all types of handling
and lifting equipment in addition to the guidelines for specific type of equipments
dealt later on.

i) There should be a well-planned safety programme to ensure that all the lifting
appliances and lifting gear are selected, installed, examined, tested,
maintained, operated and dismantled with a view to preventing the occurrence
of any accident;

ii) All lifting appliances shall be examined by competent persons at frequencies as

specified in "The Factories act".
iii) Check thoroughly quality, size and condition of all lifting tools like chain pulley
blocks, slings, U-clamps, D-shackles etc. before putting them in use.
iv) Safe lifting capacity of all lifting & handling equipment, tools and shackles
should be got verified and certificates obtained from competent authorities
before its use. The safe working load shall be marked on them.
v) Check periodically the oil, brakes, gears, horns and tyre pressure of all moving
equipments like cranes, forklifts, trailers etc as per manufacturer's
recommendations.
vi) Check the weights to be lifted and accordingly decide about the crane capacity,
boom length and angle of erection.
vii) Allow lifting slings as short as possible and check packing at the friction points.
viii) While lifting/placing of the load, no unauthorised person shall remain within the
radius of the boom and underneath the load.
ix) While loading, unloading and stacking of pipes, proper wedges shall be placed to
prevent rolling down of the pipes.
x) Control longer jobs being lifted up from both ends.
xi) Only trained operators and riggers should carry out the job. While the crane is
moving or lifting the load, the trained rigger should be there for keeping a vigil
against hitting any other object.
xii) During high wind conditions and nights, lifting of heavy equipments should be
avoided. If unavoidable to do erection in night, operator and rigger should be
fully trained for night signaling. Also proper illumination should be there.
xiii) Allow crane to move on hard, firm and leveled ground.
xiv) When crane is in idle condition for long periods or unattended, crane boom
should either be lowered or locked as per manufacturer's guidelines.

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xv) Hook and load being lifted shall remain in full visibility of crane operators, while
lifting, to the extent possible.
xvi) Don't allow booms or other parts of crane to come within 3 meters reach of
overhead electrical cables.
xvii) No structural alterations or repairs should be made to any part of a lifting
appliance, which may affect the safety of the appliance without the permission
and supervision of the competent person.
6.9.2 Hoists

i) Hoist shafts should be enclosed with rigid panels or other adequate fencing at:
(a) ground level on all sides;
(b) all other levels at all points at which access is provided;
(c) all points at which persons are liable to be struck by any moving part.
ii) The enclosure of hoist shafts, except at approaches should extend where
practicable at least 2mt above the floor, platform or other place to which access
is provided except where a lesser height is sufficient to prevent any person falling
down the hoistway and there is no risk of any person coming into contact with
any moving part of the hoist, but in no case should the enclosure be less than 1mt
in height.
iii) The guides of hoist platforms should offer sufficient resistance to bending and, in
the case of jamming by a safety catch, to buckling.
iv) Where necessary to prevent danger, adequate covering should be provided above
the top of hoist shafts to prevent material falling down them.
v) Outdoor hoist towers should be erected on firm foundations, and securely braced,
guyed and anchored.
vi) A ladderway should extend from the bottom to the top of outdoor hoist towers, if
no other ladderway exists within easy reach.
vii) Hoisting engines should be of ample capacity to control the heaviest load that
they will have to move.
viii) Hoists should be provided with devices that stop the hoisting engine as soon as
the platform reaches its highest stopping place.
ix) Winches should be so constructed that the brake is applied when the control
handle is not held in the operating position.
x) It should not be possible to set in motion from the platform a hoist, which is not
designed for the conveyance of persons.
xi) Winches should not be fitted with pawl and ratchet gears on which the pawl must
be disengaged before the platform is lowered.
xii) Hoist platforms should be capable of supporting the maximum load that they will
have to carry with a safety factor.
xiii) Hoist platforms should be equipped with safety gear that will hold the platform
with the maximum load if the hoisting rope breaks.
xiv) If workers have to enter the cage or go on the platform at landings there should
be a locking arrangement preventing the cage or platform from moving while any
worker is in or on it.
xv) On sides not used for loading and unloading, hoist platforms should be provided
with toe-boards and enclosures of wire mesh or other suitable material to prevent
the fall of parts of loads.
xvi) Where necessary to prevent danger from falling objects, hoist platforms should
be provided with adequate covering.

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xvii) Counterweights consisting of an assemblage of several parts should be made of
specially constructed parts rigidly connected together.
xviii) Counterweights should run in guides.
xix) Platforms should be provided at all landings used by workers.
xx) Following notices should be posted up conspicuously and in very legible
characters:
(a) on all hoists:

 on the platform: the carrying capacity in kilograms or other appropriate

standard unit of weight;

 on the hoisting engine: the lifting capacity in kilograms or other

appropriate standard unit of weight;
(b) on hoists authorised or certified for the conveyance of persons:

 on the platform or cage: the maximum number of persons to be carried at

one time;
(c) on hoists for goods only:

 on every approach to the hoist and on the platform: prohibition of use by

persons.
xxi) Hoists intended for the carriage of persons should be provided with a cage so
constructed as to prevent any person from falling out or being trapped between
the cage and any fixed part of the structure when the cage gate is shut, or from
being struck by the counterbalance weight or by articles or materials tailing down
the hoistway.
xxii) On each side in which access is provided, the cage should have a gate fitted with
devices which ensure that the gate cannot be opened except when the cage is at
a landing and that the gate must be closed before the cage can move away from
the landing.
xxiii) Every gate in the enclosure of the hoist shaft which gives access from a landing
place to the cage should be fitted with devices to ensure that the gate cannot be
opened except when the cage is at that landing place, and that the cage cannot
be moved away from that landing place until the gate is closed.
6.9.3 Derricks
Stiff-leg derricks

i) Derricks should be erected on a firm base capable of taking the combined weight of
the crane structure and maximum rated load.
ii) Devices should be used to prevent masts from lifting out of their seating.
iii) Electrically operated derricks should be effectively earthed from the sole plate
or framework.
iv) Counterweights should be so arranged that they do not subject the backstays,
sleepers or pivots to excessive strain.
v) When derricks are mounted on wheels:
a) a rigid member should be used to maintain the correct distance between the
wheels;
b) they should be equipped with struts to prevent them from dropping if a wheel
breaks or the derrick is derailed.
vi) The length of a derrick jib should not be altered without consulting the
manufacturer.

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vii) The jib of a scotch derrick crane should not be erected within the backstays of
the crane.
Guy derricks

i) The restraint of the guy ropes should be ensured by fitting stirrups or anchor
plates in concrete foundations.
ii) The mast of guy derricks should be supported by six top guys spaced
approximately equally.
iii) The spread of the guys of a guy derrick crane from the mast should not be
more than 450 from the horizontal.
iv) Guy ropes of derricks should be equipped with a stretching screw or
turnbuckle or other device to regulate the tension.
v) Gudgeon pins, sheave pins and fool bearings should be lubricated frequently.
vi) When a derrick is not in use, the boom should be anchored to prevent it from
swinging.
6.9.4 Gin poles

i) Gin poles should:

(a) be straight;
(b) consist of steel or other suitable metal;
(c) be adequately guyed and anchored;
(d) be vertical or raked slightly towards the load;
(e) be of adequate strength for the loads that they will be required to lift/move.
ii) Gin poles should not be spliced and if a gin pole is composed of different elements,
they should be assembled in conformity with their intrinsic material strength.
iii) Gin poles should be fastened at their feet to prevent displacement in operation.
iv) Gin poles, which are moved from place to place and re-erected, should not be taken
into use again before the pole, lifting ropes, guys, blocks and other parts have
been inspected, and the whole appliance has been tested under load.
v) When platforms or skips are hoisted by gin poles, precautions should be taken to
prevent them from spinning and to provide for proper landing.
6.9.5 Tower cranes

i) Where tower cranes have cabs at high level, persons, capable and trained to work at
heights, should only be employed as crane operators.
ii) The characteristics of the various machines available should be considered
against the operating requirements and the surroundings in which the crane will
operate before a particular type of crane is selected.
iii) Care should be taken in the assessment of wind loads both during operations and
out of service. Account should also be taken of the effects of high structures on
wind forces in the vicinity of the crane.
iv) The ground on which the tower crane stands should have the requisite bearing
capacity. Account should be taken of seasonal variations in ground conditions.
v) Bases for tower cranes and tracks for rail-mounted tower cranes should be firm and
level. Tower cranes should only operate on gradients within limits specified by
the manufacturer. Tower cranes should only be erected at a safe distance from
excavations and ditches.
vi) Tower cranes should be sited where there is clear space available for erection,
operation and dismantling. As far as possible, cranes should be sited so that

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loads do not have to be handled over occupied premises, over public
thoroughfares, other construction works and railways or near power cables.
vii) Where two or more tower cranes are sited in positions where their jibs could
touch any part of the other crane, there should be direct means of
communication between them and a distinct warning system operated from the
cab so that one driver may alert the other of impending danger.
viii) The manufacturers' instructions on the methods and sequence of erection and
dismantling should be followed. The crane should be tested before being taken
into use.
ix) The climbing operation of climbing tower cranes should be carried out in
accordance with manufacturers' instructions. The free-standing height of the
tower crane should not extend beyond what is safe and permissible in the
manufacturers' instructions.
x) When the tower crane is left unattended, loads should be removed from the
hook, the hook raised, the power switched off and the boom brought to the
horizontal. For longer periods or at times when adverse weather conditions are
expected, out of service procedures should be followed. The main jib should be
slewed to the side of the tower away from the wind, put into free slew and the
crane immobilised.
xi) A windspeed measuring device should be provided at an elevated position on the
tower crane with the indicator fitted in the drivers' cab.
xii) Devices should be provided to prevent loads being moved to a point where the
corresponding safe working load of the crane would be exceeded. Name boards
or other items liable to catch the wind should not be mounted on a tower crane
other than in accordance with the manufacturers' instructions.
xiii) Tower cranes should not be used for magnet, or demolition ball service, piling
operations or other duties, which could impose excessive loading on the crane
structure.
6.9.6 Lifting ropes

i) Only ropes with a known safe working capacity should be used as lifting ropes.
ii) Lifting ropes should be installed, maintained and inspected in accordance with
manufacturers' instructions.
iii) Repaired steel ropes should not be used on hoists.
iv) Where multiple independent ropes are used, for the purpose of stability, to lift a
work platform, each rope should be capable of carrying the load independently.
6.10 VEHICLE MOVEMENT
6.10.1 Park vehicles only at designated places. Don't block roads to create hindrance for other
vehicles.
6.10.2 Don't overload the vehicle.
6.10.3 Obey speed limits and traffic rules.
6.10.4 Always expect the unexpected and be a defensive driver.
6.10.5 Drive carefully during adverse weather and road conditions.
6.10.6 Read the road ahead and ride to the left.
6.10.7 Be extra cautious at nights. Keep wind screens clean and lights in working condition.
6.10.8 All vehicles used for carrying workers and construction materials must undergo
predictive/preventive maintenance and daily checks
6.10.9 Driver with proper valid driving license shall only be allowed to drive the vehicle

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6.10.10 Routes shall be leveled, marked and planned in such a way so as to avoid potential
hazards such as overhead power lines and sloping ground etc.
6.10.11 While reversing the vehicles, help of another worker should be ensured at all times
6.10.12 An unattended vehicle should have the engine switched off
6.10.13 Wherever possible one-way system shall be followed
6.10.14 Barriers/fixed stops should be provided for excavation/openings to prevent fall of
vehicle
6.10.15 Load should be properly secured
6.10.16 The body of the tipper lorry should always be lowered before driving the vehicle off.
6.10.17 Signs/signals/caution boards etc. should be provided on routes .
6.11 ELECTRICAL
6.11.1 General Provisions

i) Only persons having valid licenses should be allowed to work on electrical

facilities.
ii) No person should be allowed to work on live circuit. The same, if unavoidable,
special care and authorisation need to be taken.
iii) Treat all circuits as "LIVE" unless ensured otherwise.
iv) Electrical "Tag Out" procedure "MUST" be followed for carrying out maintenance
jobs.
v) Display voltage ratings prominently with "Danger" signs.
vi) Put caution/notice signs before starting the repair works.
vii) All electrical equipment operating above 250V shall have separate and distinct
connections to earth grid.
viii) Proper grounding to be ensured for all switch boards and equipment including
Portable ones prior to taking into service.
ix) Make sure that electrical switch boards, portable tools, equipments (like
grinding machine etc.) don't get wet during their usage. If it happens, stop the
main supply, make the tools dry and then only use them. Check proper earthing.
All temporary switch boards/ KIOSKS put up at work site should be suitably
protected from rain and the level of same should be high enough to avoid
contact with water due to water logging.
x) Don't work wet on electrical system.
xi) Don't overload the electrical system.
xii) Use only proper rated HRC fuses.
xiii) Industrial type extension boards and Plug sockets are only to be used.
xiv) ELCB for all temporary connections must be provided. Use insulated 3-pin plug
tops.
xv) All power supply cables should be laid properly and neatly so that they don't
cause hindrance to persons working and no physical damage also takes place to
the cables during various construction activities.
xvi) All Power cables to be properly terminated using glands and lugs of proper size
and adequately crimped.
xvii) Use spark-proof/flame proof type electrical fittings in Fire Hazard zones as per
area classification under OISD-STD-113.

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xviii) Check installations of steel plates/pipes to protect underground cables at
crossings.
xix) Don't lay unarmored cable directly on ground, wall, roof or trees. All temporary
cables should be laid at least 750 mm below ground and cable markers should be
provided. Proper sleeves should be provided at road crossings. In case temporary
cables are to be laid on wooden poles/steel poles, the minimum cable heights
should be 4.5 M.
xx) Maintain safe overhead distance of HT cables as per Indian Electricity Rules and
relevant acts.
xxi) Don't connect any earthing wire to the pipelines/structures.
xxii) Don't make any unsafe temporary connections, naked joints/wiring etc.
xxiii) Ensure that temporary cables are free from cuts, damaged insulation, kinks or
improper insulated joints.
xxiv) Check at periodic intervals that pins of sockets and joints are not loose.
xxv) Protect electrical wires/equipments from water and naked flames.
xxvi) Illuminate suitably all the work areas.
xxvii) All switchboards should be of MS structure only and incoming source should be
marked.
xxviii) Hand lamps should not be of more than 24V rating.
xxix) Fire extinguishers (DCP/CO2/Sand buckets) should be kept near temporary
switch boards being used for construction purposes. Don't use water for fighting
electrical fires.
xxx) Insulating mats shall be provided in the front and back end of switch boards.
xxxi) All parts of electrical installations should be so constructed, installed and
maintained as to prevent danger of electric shock, fire and external explosion.
Periodic checking/certification of electrical safety appliances such as gloves,
insulating mats, hoods etc. to be done/witnessed along with maintaining a
register at site signed by competent authority.
xxxii) A notice displaying following, should be kept exhibited at suitable places:
a) prohibiting unauthorised persons from entering electrical equipment rooms or
from handling or interfering with electrical apparatus;
b) containing directions as to procedures in case of fire, rescue of persons in
contact with live conductors and the restoration of persons suffering from
electric shock;
c) specifying the person to be notified in case of electrical accident or
dangerous occurrence, and indicating how to communicate with him.
xxxiii) No other cables/pipes to be laid in trench used for electrical cables.
xxxiv) Utmost care should be taken while excavating Earth from cable trench to avoid
damage or any accident.
xxxv) Sub-station floor cut-outs meant for switch board installations to be covered
wherever installation is incomplete.
NOTE: A Residual Current Operated Circuit Breaker (RCCB) or Earth Leakage Circuit
Breaker (ELCB), when installed, protects a human being to the widest extent.
RCCB or ELCB should be provided as per Indian Electricity Rules.
6.11.2 Inspection and maintenance

i) All electrical equipment should be inspected before taking into use to ensure
suitability for its proposed use.

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ii) At the beginning of every shift, the person using the electrical equipment should
make a careful external examination of the equipment and conductors,
especially the flexible cables.
iii) Apart from some exceptional cases, work on or near live parts of electrical
equipment should be forbidden.
iv) Before any work is begun on conductors or equipment that do not have to
remain live:
a) the current should be switched off by a responsible authorised person;
b) precautions should be taken to prevent the current from being switched on
again;
c) the conductors or the equipment should be tested to ascertain that they are
dead;
d) the conductors and equipment should be earthed and short-circuited;
e) neighbouring live parts should be adequately protected against accidental
contact.
v) After work has been done on conductors and equipment, the current should only be
switched on again on the orders of a competent person after the earthing and
short-circuiting have been removed and the workplace reported safe.
vi) Electricians should be provided with approved and tested tools, and personal
protective equipment such as rubber gloves, mats etc.
vii) All conductors and equipment should be considered to be live unless there is a
proof of the contrary.
viii) When work has to be done in dangerous proximity to live parts the current
should be cut off. If for operational reasons this is not possible, the live parts
should be fenced off or enclosed by qualified staff from the sub-station
concerned.
6.11.3. Testing

i) Electrical installations should be inspected and tested and the results recorded.
ii) Periodic testing of the efficiency of the earth leakage protective devices should
be carried out.
iii) Particular attention should be paid to the earthing of apparatus, the continuity
of protective conductors, polarity and insulation resistance, protection against
mechanical damage and condition of connections at points of entry.
6.12 OFFSHORE
6.12.1 General

The isolated nature of offshore installations is hazardous. They call for greater need for
safety and survival at offshore. Safety at offshore is safety of installations and safety of
personnel. Safety problems and accidents at offshore have high risks due to limited
space, helicopter operation, sea transport etc. Following are the general safety
guidelines to be followed in addition to the safety guidelines stipulated for specific jobs
dealt later on:
i) Workers should be well trained to do their job independently with high degree
of self-control and self-discipline.
ii) On arrival at offshore, everyone should be briefed about the safety rules to be
followed at offshore, evacuation system etc. All personnel should wear overall
(dangri), helmet and shoes for personnel protection.
iii) In case of emergency, workers should follow instruction of Field Production
Superintendent (F.P.S.) In certain cases instructions may be given to abandon
the offshore installation and evacuate the persons to safe location.

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iv) To overcome above problems, offshore personnel must receive training for
using life saving appliances and other personal survival techniques.
v) Any person working at offshore should have one person as standby for any
eventuality.
6.12.2 Drilling Rigs

i) Location of jack up rigs should not be less than 5 Kms from shipping route.
Orientation of the rig, wind directions etc are required for safe landing of
helicopter. Information w.r.t. sea currents, wind speed, Hi-lo tide etc are
required for mooring of supply vessels.
ii) Sea bed condition at every location should be ensured for safety of rig.
iii) Radio and other communication facilities should be such to maintain contact
with base all times.
iv) During toeing of rig, the rig deck should be clear of load, toeing lines should be
in good condition and tensions in various toeing lines should be constantly
monitored.
v) Few steps during toeing are:
a) crane booms should be secured to their vesta,
b) all hatches and water tight doors should be closed,
c) number of personnel on board should be restricted,
d) evacuate in case of emergency and operation should be completed
preferably in day light.
6.12.3 Drilling

i) In view of CO2 and H2S gas cut from well, effective ventilation should be provided
where drilling is in progress.
ii) Safety alarm shall be checked in advance in view of failure of ventilation system.
iii) Suitable sensors for H2S and Methane should be function tested time to time and
suitable colour code should be given.
iv) Working areas of the crane should be illuminated during night to avoid accident.
v) Clear space should be available for despatch and receipt of load and, in particular,
basket transfer of passengers. Persons engaged in loading/unloading of materials
should be protected from falling into the sea.
vi) Signal light should be fitted at the top of the jib.
vii) Crane hook should be fitted with safety latches.
viii) Experienced person should be engaged in operation of specific equipment like
winches, cranes etc.
ix) At least three cable turns shall always be there on the winch drum.
x) Adequate communication like walkie talkie, round robin phone should be available
between the crane operator, supervisor and helper.
xi) Crane operation should be completely stopped during helicopter landing/taking off.
xii) Except for helicopter landing deck, all decks, platforms, bridges, ladders should
have rigid and fixed guard rails atleast one meter high and should have one
intermediate rail midway between the handrail and 100 mm toe board.
xiii) Wooden ladders shall not be used at offshore.
xiv) Flow sensor in the flow line should be ensured for safe working and to avoid blow
out.

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xv) Hydrogen sulphuide gas In offshore is of great risk and at 10 ppm (0.001%)
concentration in air, a person should not be exposed for more than 8 hours, If
concentration is more, then breathing apparatus should be used. Corrosion of
equipment is also caused by H2S.
xvi) Portable H2S gas detector should be continously used.
6.12.4 Production Platforms

i) In case hydrocarbon Is released due to overpressure, leak, overflow, gas blow

etc., shut down process to stop flow of hydrocarbon. Prevent ignition of
released hydrocarbon and in case of fire shut in the process complex and follow
emergency contigency plan.
ii) Sub surface safetv valve (SSSV)) below the well head should be actuated during
uncontrolled well -flow and they should be regularly checked.
iii) Surface safety valve or SDV should be checked for no gas leakage from bleed
port / flange etc., in the well head area. It should not be in "mechanical
override" or bypassed from panel.
iv) High pressure gas lift lines - blowdown system should be O.K.
v) Auto actuation of SDVs in the inlet of pressure vessels should be O.K. and in
"normal position" from shutdown panels. A record of status of switches
normal/bypassed in auto-con* panels (PSH, PSL, LSL, ILSL) should be maintained.

 Shut Down Panels

vi) Welders rectifier set and electrical connections to it should be checked and
approved by electrical-in- charge for proper electrical safely.
vii) “SCADA" telementry system if available should be operational for remote
opening and closing of wells at unmanned platforms (through RPMC).
viii) Local ESD/FSD (near the work site) should be provided for jobs of very critical
nature, so that the persons working can access it immediately in emergency for
safety. Safety officer should judge the requirement & inform FPS for the same.
ix) Railings and Gratings etc. in and around work area should be O.K. and inspected
to avoid slippage of man into sea.
x) Emergency shut down (ESD) system is initiated when an abnormal condition is
detected. ESD should be checked once in six months.
xi) Platform should be manned round the clock.
xii) Welding and cutting work should be regulated by hot work permit.
xiii) All detectors should be calibrated as per recommendation of the manufacturer.
xiv) No system should be by-passed which affects the system of platform.
xv) In H2S field platforms, due care shall be taken as per recommendations.
xvi) Follow the instructions of F.P.S. during stay at platform
6.12.5 Fire Prevention And Control

i) Provision be made for safe handling and storage of dirty rags, trash, and waste
oil. Flammable liquids and chemicals applied on platform should be immediately
cleaned.
ii) Paint containers and hydrocarbon samples, gas cylinders for welding and cutting
should be stored properly. Cylinders should be transported in hand-cart.
iii) Smoking should be restricted and no smoking area should be identified.

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iv) Special attention should be given to crude oil pump seals, diesel and gas engines
which are potential source of ignition in the event of failure.
v) Fire and smoke detectors i.e. ultraviolet heat, thermal and smoke detector
should be function tested once in three months.
vi) Fire is controlled in offshore by water spraying, Halon, CO2 flooding, DCP and
sprinkler system.
vii) Foaming agent is applied for controlling fire in liquid hydrocarbon. The system is
not effective in gas fire.
viii) Light weight breathing system should be used.
ix) The fire control plan at offshore should reveal control station, fire alarms and
fire detectors, deluge valves and sprinkler, fire extinguishing appliances,
fireman outfit and ventilation system.
x) Fire fighting equipment should be maintained in ready to use condition.
6.12.6 Life Saving Appliances

i) Life boats with a speed of 6 knots and carrying capacity upto 50 persons are used
in offshore.
ii) No. of life boats on one installation should have a capacity to accommodate
twice the number of persons onboard installation.
iii) Launching appliances and life boat equipment should be checked every week.
iv) Boat landing areas should be adequately illuminated.
v) Life raft has no power and they rely on drift.
vi) Life jacket lifts the wearer after entering water.
vii) Life buoys are used to rescue persons if any person accidentally falls in the sea.
viii) All life saving appliances should be inspected by the MMD surveyor /sr. officials
once a year.
ix) Every life boat shall be inspected once a week.
x) Every life boat and life raft should be serviced once a year by a competent
authority,
6.12.7 Safety Precautions during Helicopter Transportation

i) Passenger briefing regarding safety rules while travelling in helicopter should be

carried out before boarding the helicopter.
ii) Emergency procedure should be briefed to all the passenger In case helicopter is
to ditch into the sea.
iii) Heli-pad should have a non-skid surface. Nylon rope net should be stretched on
the deck.
iv) Proper drainage should be available on helideck.
v) There should be no obstruction on the helideck itself and within 3 meters of its
parameter. Closest super structure above the helideck should have red
obstruction light.
vi) While landing fire crew of two persons should be standby adjacent to helideck.
vii) Heli-deck should be properly illuminated for night landing.
viii) During switching off helicopter, persons should not be allowed to go out/
towards helicopter

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6.13 DEMOLITION
6.13.1. General provisions

i) When the demolition of any building or structure might present danger to workers
or to the public:
(a) necessary precautions, methods and procedures should be adopted, including
those for the disposal of waste or residues;
(b) the work should be planned and undertaken only under the supervision of a
competent person.
ii) Before demolition operations begin:
(a) structural details and builders' drawings should be obtained wherever
possible;
(b)details of the previous use should be obtained to identify any possible
contamination and hazards from chemicals, flammables, etc.;
(c)an initial survey should be carried out to identify any structural problems and
risks associated with flammable substances and substances hazardous to
health. The survey should note the type of ground on which the structure is
erected, the condition of the roof trusses, the type of framing used in framed
structures and the load-bearing walls;
(d)a method of demolition should be formulated after the survey and recorded
in a method statement having taken all the various considerations into
account and identifying the problems and their solutions;
iii) All electric, gas, water and steam service lines should be shut off and, as
necessary, capped or otherwise controlled at or outside the construction site
before work commences.
iv) If it is necessary to maintain any electric power, water or other services during
demolition operations, they should be adequately protected against damage.
v) As far as practicable, the danger zone round the building should be adequately
fenced off and sign posted. To protect the public a fence 2m high should be
erected enclosing the demolition operations and the access gates should be
secured outside working hours.
vi) The fabric of buildings contaminated with substances hazardous to health should
be decontaminated. Protective clothing and respiratory devices should be
provided and worn.
vii) Where plant has contained flammable materials, special precautions should be
taken to avoid fire and explosion.
viii) The plant to be demolished should be isolated from all other plant that may
contain flammable materials. Any residual flammable material in the plant should
be rendered safe by cleaning, purging or the application of an inert atmosphere
as appropriate.
ix) Care should be taken not to demolish any parts, which would destroy the stability
of other parts.
x) Demolition activities should not be continued under adverse climatic conditions
such as high winds, which could cause the collapse of already weakened
structures.
xi) To prevent hazards parts of structures should be adequately shored, braced or
otherwise supported.
xii) Structures should not be left in a condition in which they could be brought down
by wind pressure or vibration.
xiii) Where a deliberate controlled collapse technique is to be used, expert
engineering advice should be obtained, and:

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(a) it should only be used where the whole structure is to come down because it
relies on the removal of key structural members to effect a total collapse;
(b) it should only be used on sites that are fairly level and where there is enough
surrounding space for all operatives and equipment to be withdrawn to a safe
distance.
xiv) When equipment such as power shovels and bulldozers are used for demolition,
due consideration should be given to the nature of the building or structure, its
dimensions, as well as to the power of the equipment being used.
xv) If a swinging weight is used for demolition, a safety zone having a width of at
least one-and-a-half times the height of the building or structure should be
maintained around the points of impact.
6.13.2. Demolition of structural steelwork

i) All precautions should be taken to prevent danger from any sudden twist, spring
or collapse of steelwork, ironwork or reinforced concrete when it is cut or
released.
ii) Steel construction should be demolished tier by tier.
iii) Structural steel parts should be lowered and not dropped from a height.
6.14 RADIOGRAPHY

6.14.1 All radiography jobs shall be carried out as per BARC Safety Regulations
6.14.2 During field radiography, nearby area around the radiation source should be cordoned
off.
6.14.3 If the field radiography is to be done at the same location repeatedly, it is advisable to
provide either a wire fencing around or a temporary brick enclosure.
6.14.4 Special permission/permit should be taken for radiography from area-in-charge.
6.14.5 As far as possible, field radiography should be done only during night time when there is
little or no occupancy there.
6.14.6 Radiation warning signals should be pasted all along the cordoned off area.
6.14.7 Entry into the restricted area by unauthorised persons should be strictly prohibited
during exposure.
6.14.8 The radiation level alongwith the cordon should be monitored by a suitable and well-
calibrated radiation survey meter.
6.14.9 All personnel working with radiography sources should wear appropriate protective
equipment and film badges issued by BARC.
6.14.10 Protection facilities such as manipulator rod, remote handling tongs, lead pots,
radiation hazard placards and means of cordon off shall be available at each site.
6.14.11 The radiography source shall never be touched or handled directly with hands.
6.14.12 The package containing radiography cameras and sources should never be carried by
public transport like bus, train etc.
6.14.13 Radiography sources and cameras, when not in use, should be stored inside a source pit
with lock and key arrangement as approved by BARC. The storage room should
preferably be located in an isolated area of minimum occupancy and radiation level
outside the storage room should not exceed 0.25 mR/hr as per BARC Regulations.
6.14.14 In case of an accident (due to loss or of damage to radiography source), action should
be taken in line with BARC Safety Rules/Guidelines.

6.15 SAND/SHOT BLASTING/ SPRAY PAINTING

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6.15.1 Sand blasting should be used only after approval from competent person.
6.15.2 Air Compressor used for sand/shot blasting/painting should have guard and positioned
away from the work place.
6.15.3 Exhaust of the prime mover, if IC engine is used, should be directed away from the
work place.
6.15.4 In case of motor driven compressor, the body of the motor as well as the compressor to
be properly earthed.
6.15.5 The hoses used for compressed air should be of proper quality, and health of the same
to be ensured through regular check/ test.
6.15.6 The operator of sand/shot blasting/painting should wear suitable PPE's including mask.
6.15.7 Adequate measures to be taken to suppress dust/spray particle.
6.15.8 Sand used for sand blasting should be suitably covered & protected from to
rain/moisture.
6.15.9 When these activities are done in confined places, adequate measure to be taken for
proper ventilation.

6.16 WORK ABOVE WATER

6.16.1 General Provisions

i) Where work is done over or in close proximity to water & where possibility of
drowning exists, provision should be made for:
a) Preventing workers from falling into water;
b) The rescue of workers in danger of drowning;
c) Safe and sufficient transport.

ii) Provisions for the safe performance of work over or in close proximity to water
should include, where appropriate, the provision and use of suitable and
adequate:

a) fencing, safety nets and safety harnesses;

b) lifebuoys, life jackets and manned boats;
c) protection against such hazards as reptiles and other animals.

iii) Gangways, pontoons, bridges, footbridges and other walkways or work places
over water should:
a) possess adequate strength and stability;
b) be sufficiently wide to allow safe movement of workers;
c) have level surfaces free from tripping hazards;
d) be adequately lit when natural light is insufficient;
e) where practicable and necessary, to prevent danger, be provided with toe-
boards, guard rails, hand ropes etc.
f) be secured to prevent dislodgment by rising water or high winds;
g) if necessary, be equipped with ladders which should be sound, of sufficient
strength and length and be securely lashed to prevent slipping.
iv) All deck openings including those for buckets should be fenced.
6.16.2 Rescue & Emergency procedures

i) Persons who work over water should be provided with some form of buoyancy
aid. Life jackets should provided sufficient freedom of movement, have
sufficient buoyancy to bring persons to the surface and keep them afloat face
upwards, be easily secured to the body, be readily visible by way of self
luminous paint/strip.
ii) Nobody should work alone on or above water.

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iii) Each worker should be trained in the procedure to be followed in the event of
an emergency.
7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS
In addition to general safety precautions as outlined above for the activities in Clause
6.0, following additional safety precautions need to be taken for the sites within the
operating area or nearby, where presence of Hydrocarbons cannot be ruled out.
i) No job shall be carried out without a valid permit. Permit should be in line
with OISD-STD-105 "Work Permit System".
ii) Smoking should be prohibited in all places containing readily combustible or
flammable materials and "No Smoking" notices be prominently displayed.
iii) In confined spaces and other places where flammable gases, vapours or dusts
can cause danger, following measures should be taken:
(a) only approved type electrical installations and equipment, including
portable lamps, should be used;
(b) there should be no naked flames or source of ignition;
(c) oily rags, waste and clothes or other substances liable to spontaneous
ignition should be removed without delay to a safe place;
(d) ventilation should be provided.
iv) Regular inspections should be made of places where there are fire risks. These include
the vicinity of heating appliances, electrical installations and conductors, stores of
flammable and combustible materials, welding and cutting operations.
v) Welding, flame cutting and other hot work should only be done after issuance of work
permit in line with the requirement of OISD-STD-105 after appropriate precautions, as
required, are taken to reduce the risk of fire. For carrying out other jobs also, OISD-
STD-105 should be followed strictly.
vi) Fire-extinguishing equipment should be well maintained and inspected at suitable
intervals by a competent person. Access to fire-extinguishing equipment such as
hydrants, portable extinguishers and connections for hoses should be kept clear at all
times.
vii) All supervisors and a sufficient number of workers should be trained in the use of fire-
extinguishing equipment, so that adequate trained personnel are readily available
during all working periods.
viii) Audio means to give warning in case of fire should be provided where this is necessary
to prevent danger. Such warning should be clearly audible in all parts of the site where
persons are liable to work. There should be an effective evacuation plan so that all
persons are evacuated speedily without panic and accounted for and all plant and
processes shut down.
ix) Notices should be posted at conspicuous places indicating:
(a) the nearest fire alarm;
(b) the telephone number and address of the nearest emergency services.
x) The work site shall be cleared of all combustible materials, as Sparks and molten metal
coming from the welding job can easily ignite combustible materials near or below the
welding site. If the combustible materials cannot be removed from the area, the same
shall be properly shielded.
xi) A dry chemical type fire extinguisher shall be made available in the work area. Also fire
protection facilities like running hoses etc. as per permit should be complied with.
xii) Wherever required, welding screens shall be put up to protect other equipment in
adjoining areas against flying sparks. Material used should be metal/asbestos/water
curtain.
xiii) Welding or cutting of vessels/ equipments used in Hydrocarbon/ hazardous chemicals
shall be done after proper gas freeing and verifying the same with the explosive-meter.
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xiv) The confined space/equipment shall be gas freed and cleaned.
xv) Absence of any toxic gas and any flammable gas above explosion limit shall be ensured
with the help of gas detection instrument and explosive meter respectively.
xvi) Used and hot electrode stubs shall be discarded in a metal bucket.
xvii) Use approved and certified flame arrestors for vehicles.
xviii) Work permit to be obtained, if construction work is carried out within existing
operating area.
8.0 FIRST AID

First aid facilities should be provided in line with various statutory regulations like
factory act etc. However following care should be taken:

i) First aid, including the provision of trained personnel should be ensured at work
sites. Arrangement should be made for ensuring the medical attention of the
injured workers. First aid box should be as per the Factory rules.
ii) Suitable rescue equipment, like stretchers should be kept readily available at
the construction site.
iii) First-aid kits or boxes, as appropriate and as per statutory requirements, should
be provided at workplaces and be protected against contamination by dust,
moisture etc.
iv) First-aid kit or boxes should not keep anything besides material for first aid in
emergencies.
v) First-aid kits and boxes should contain simple and clear instructions to be
followed, be kept under the charge of a responsible person qualified to render
the first aid and be regularly inspected and stocked.
vi) Where the work involves risk of drowning, asphyxiation or electric shock, first-
aid personnel should be proficient in the use of resuscitation and other life
saving techniques and in rescue procedures.
vii) Emergency telephone numbers of nearby Hospitals, Police, Fire Station and
Administration should be prominently displayed.
9.0 DOCUMENTATION

The intention of keeping documentation of all types of accident(s) is to prevent

recurrence of similar accident(s). All accidents should be reported as per OISD
Guidelines (OISD-GDN-107) and Factories act, 1948.
All accidents (major, minor or near miss) should be investigated, analysed and
recommendations should be documented along with implementation status.
All related data should be well-documented and further analysis highlighting the major
cause(s) of accidents be done. This will help in identifying thrust areas and training
needs for prevention of accidents.

10.0 SAFETY AWARENESS & TRAINING

Safety awareness to all section of personnel ranging from site-in-charge to workmen

helps not only preventing the risk but also build up the confidence. Time and
expenditures also get saved as a result.
Safety awareness basically seeks to persuade/inform people on safety besides
supplementing skill also. Awareness programme may include followings:
i) Poster: Posters with safety slogan in humorous, gruesome demonstrating manner
may be used to discourage bad habits attributable to accidents by appealing to

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the workers' pride, self-love, affection curiosity or human aspects. These should
be displayed in prominent location(s).
ii) Safety Sign Boards: Different type of message of cautioning, attention, notice
etc. should be displayed at the appropriate places for learning/ awareness of
the workmen while working at site.
iii) Films & Slides: Film(s) narrating the accident including the causes and possible
remedial ways of preventing the recurrence of a similar accident should be
displayed at regular intervals. Slides consisting main points of the film show may
also be shown to workers.
iv) Talks, lectures & conferences: The success of these events would depend much
on audience’s understandings of the speaker (s). The speakers are to be
knowledgeable and good presenter. Speakers should know to hold the attention
and to influence the audiences.
v) Competitions: Organise competition(s) between the different deptts/categories
of workers. The sense of reward/recognition also will improve safety awareness
and result in enhancing safety levels.
vi) Exhibitions: Exhibitions also make the workers acquainted with hazards and
means of preventive measures.
vii) Safety Publication: Safety publications including pocket books dealing with ways
of investigation and prevention in the field of safety and so on, may be
distributed to workers to promote the safety awareness.
viii) Safety Drives: From time to time, an intensive safety drive by organising a
safety day or a safety week etc. should be launched.
ix) Training: Training for covering the hazards for different trade should be
imparted. Training should also include the specific hazards related to a job in
addition to the general safety training as has been dealt in various chapters and
should include all workers. Reference may be drawn from OISD-STD-154.
11.0 REFERRENCES
i) Factory Act, 1948
ii) Indian Electricity Rules
iii) Safety & Health in Construction by ILO
iv) The Building & Other Construction Workers (Regulation, Employment and
Conditions of Service) Act 1996

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ANNEXURE I

LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF

INDIAN STANDARDS

Sr. Code No. Title

No.

01. IS : 818 Code of Practice for Safety and Health Requirements in Electric
and Gas Welding and Cutting Operations – First Revision.
02. IS : 875 Code of practice for Structural safety of buildings: Masonry
walls
03. IS : 933 Specification for Portable Chemical Fire Extinguisher, Foam
Type – Second Revision.
04. IS : 1179 Specification for Equipment for Eye and Face Protection during
Welding – First Revision.
05. IS : 1904 Code of practice for Structural safety of buildings: Shallow
foundations
06. IS : 1905 Code of practice for Structural safety of buildings: Masonry
walls
07. IS : 2171 Specification for Portable Fire Extinguishers, Dry Powder Type –
Second Revision.
08. IS : 2361 Specification for Building Grips – First Revision.
09. IS : 2750 Specification for Steel Scaffoldings.
10. IS : 2925 Specification for Industrial Safety Helmets – First Revision.
11. IS : 3016 Code of Practice for Fires Precautions in Welding and Cutting
Operations – First Revision.
12. IS : 3521 Industrial safety belts and harnesses
13. IS : 3696 – Part I Safety Code for Scaffolds and Ladders : Part I – Scaffolds.
14. IS : 3696 – Part II Safety Code for Scaffolds and Ladders : Part II – Ladders.
15. IS : 3764 Safety Code for Excavation Work.
16. IS : 4014 -Part I & II Code of practice for Steel tubular scaffolding
17. IS : 4081 Safety Code for Blasting and Related Drilling Operations.
18. IS : 4082 Recommendations on staking and storage of construction
materials at site
19. IS : 4130 Safety Code for Demolition of Buildings – First Revision.
20. IS : 4138 Safety Code Working in Compressed Air-First Revision
21. IS : 4756 Safety code for Tunneling works
22. IS : 4912 Safety requirements for Floor and Wall Openings, Railings and
toe Boards –First Revision.
23. IS : 5121 Safety Code for Piling and other Deep Foundations.
24. IS : 5916 Safety Code for Construction involving use of Hot Bituminous
Materials.
25. IS : 5983 Specification for Eye Protectors – First Revision.

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26. IS : 6922 Structures subject to underground blasts, criteria for safety
and design of
27. IS : 7155 Code of recommended practices for conveyor safety
28. IS : 7205 Safety Code for Erection on Structural Steel Works.
29. IS : 7069 Safety Code for Handling and Storage of Building Materials.
30. IS : 7293 Safety Code for Working with Construction Machinery.
31. IS : 7323 Guidelines for operation of Reservoirs
32. IS : 7969 Safety code for handling and storage of building material
33. IS : 8758 Recommendation for Fire Precautionary Measures in
construction of Temporary Structures and Pandals.
34. IS : 8989 Safety Code for Erection of Concrete Framed Structures.
35. IS : 9706 Code of Practices for construction of Arial ropeways for
transportation of material
36. IS : 9759 Guidelines for de-watering during construction
37. IS : 9944 Recommendations on safe working load for natural and man-
made fibre roap slings
38. IS : 10291 Safety code for dress divers in civil engineering works
39. IS :10386 – Part I Safety Code for Construction, Operation and Maintenance for
River Valley Projects.
40. IS :10386 – Part II Safety Code for Construction, Operation and Maintenance of
River Valley Projects.
41. IS : 11057 Code of practice for Industrial safety nets
42. IS : 13415 Code of Practice on safety for Protective barriers in and around
building
43. IS : 13416 Recommendations for preventive measures against hazards at
working places

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 GENERAL CONDITIONS OF CONTRACT
CORRIGENDUM TO GCC

SN Page No. Clause No. Correction

1. 7 [Link] In the 2nd line, the words `[Link] (c) may be read as
`[Link] (b)’.
2. 10 [Link](ii) In the 5th line, delete the words `not covered by
the Schedule of Rates or lump sum price, as the
case may be,’.
3. 13 [Link] In the 1st line, the word `commenwcement’ may
be read as `commencement’.
4. 13 [Link](b) In the 4th line, the words `lump price’ may be
read as `lumpsum price’.
5. 13 [Link] In the 1st line, the word `Providing’ may be read
as `Pending’.
6. 21 [Link] In the 3rd line, the word `whatever’ may be read
as `whatsoever’.
7. 23 [Link] In the 4th line, the words `other OWNER’ may be
read as `the OWNER’.
8. 28 [Link] In the 4th& 5th lines, the words from `including
(but not ……)…” to `rendering’ may be read as
`including (but not limited to), at the discretion
of the OWNER, supervision and testing of the
works being conducted by the CONTRACTOR at
the job site and / or for rendering’.
9. 28 [Link] In the 2nd / 3rd line, `the words `founded
thereon’ may be read as `founded or dependent
thereon’.
10. 31 [Link] In the 4th line, after the words `if satisfied’,
insert the words `of the existence of any
ground(s) justifying the delay, extend the date
for completion’
11. 34 [Link] In the 5th line, the words `for the calculating
payments’ may be read as `for calculating the
payments’.
12. 36 [Link] In the 5th line, the words `item or work’ may be
read as `item of work’.
13. 36 [Link] In the 10th line, insert the word `to’ between the
words `CONTRACTOR’ and `appoint’.
14. 67 [Link] In the 1st line, insert the word `by’ between the
words `upon’ and `the’.
15. 68 [Link] In the last line, the word `applicable’ may be

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